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Employers Guilty Until Proven Innocent? Third Circuit Lowers the Bar for Employees Claiming Retaliation for Certain Protected Whistleblower Activities

By Wendy Lario on February 27, 2013
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with Michael Slocum

In a decision that may have far-ranging impact for employers accused of retaliating against whistleblower-employees, the Third Circuit Court of Appeals recently held that an employee whose evidence was “entirely circumstantial,” and who did not provide “any evidence” of his employer’s alleged retaliatory motive, nonetheless presented enough evidence to survive summary judgment. Araujo v. NJ Transit Rail Operations, Inc., No. 12-2148 (3rd Cir. February 19, 2013). While the Araujo decision itself comes specifically from the federal whistleblower laws applicable to the railroad industry, the Third Circuit’s analysis of the applicable legal burdens may well apply to employers in such diverse industries as commercial trucking, airlines, maritime, automobile manufacture, and consumer products generally, as well as any employer covered by Sarbanes-Oxley.

Read our recent GT Alert for more information.

Photo of Wendy Lario Wendy Lario

Wendy Johnson Lario Chairs the New Jersey Labor & Employment Practice and Co-Chairs the firm’s Labor & Employment Practice’s Employment Litigation & Trials group. She represents employers in litigation involving claims of discrimination, harassment, retaliation, wrongful termination and whistleblowing, among others. She appears

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Wendy Johnson Lario Chairs the New Jersey Labor & Employment Practice and Co-Chairs the firm’s Labor & Employment Practice’s Employment Litigation & Trials group. She represents employers in litigation involving claims of discrimination, harassment, retaliation, wrongful termination and whistleblowing, among others. She appears regularly in federal and state courts in New Jersey and New York and defends employers against charges filed with the Equal Employment Opportunity Commission (EEOC), the New Jersey Division on Civil Rights (NJDCR) and the New York Division of Human Rights (NYDHR). Wendy also provides advice and training to management and in-house counsel on employment issues, including hiring, firing, harassment, misconduct, leave and attendance, employee accommodations, employment and severance agreements, executive contracts, independent contractors, internal investigations, background checks, employee handbooks and policies, social networking, reductions in force, and employer requirements under identity theft statutes. She has represented companies in the telecommunications, retail, automotive, pharmaceutical, consumer electronics and chemical industries, among others.

Wendy has appeared on national television, including CBS’s The Early Show and CNN’s Lou Dobbs Tonight. She has commented on employment law issues in The Wall Street Journal, Philadelphia Inquirer, New Jersey Law Journal, Star-Ledger, The Record, the Courier News, New Jersey Business, NJ Biz and the Asbury Park Press.

Wendy lectures extensively and conducts seminars and training sessions concerning numerous employment law issues, including anti-discrimination laws, wrongful discharge, sexual and other harassment, and diversity training. She also trains and lectures on women’s leadership, performance management, social networking, state and federal laws, including Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act, New Jersey’s Law Against Discrimination, New York’s Human Rights Act, the Family and Medical Leave Act (FMLA), New Jersey’s Family Leave Act, and New Jersey’s Conscientious Employee Protection Act.

Read more about Wendy LarioEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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