An employee can demonstrate pretext where an employee’s direct supervisor’s testimony conflicts with the performance deficiencies alleged by the decision-maker or where the employee’s direct supervisor testifies that they would not have disciplined the employee for the misconduct alleged. December 22, 2014
An employee can demonstrate pretext where an employer terminates a non-party employee that participated in the investigation and the testimony as to reasons given for the employee’s termination differ between the non-party employee and decisionmaker. December 15, 2014
An employee can demonstrate pretext by producing evidence that the employer’s stated reason for termination was based, in part, on allegations contained within an employee’s complaint that forms the basis of the employee’s protected activity. December 8, 2014
An employee can demonstrate pretext where other individuals that assisted with her complaint also experience an adverse employment action. December 1, 2014
When arguing pretext, an employee should emphasize that their employer refused to give a reason for termination, but subsequently manufactured a laundry list of reasons for their termination. November 24, 2014
Reassignment from a DEA task force to the jail even without a decrease in pay is a sufficient adverse action to defeat motion to dismiss. November 17, 2014
An employer is not entitled to the Ellerth/Faragher affirmative defense as a matter of law where other supervisors were aware of the conduct and failed to report it in accordance with employer’s policies and procedure or where the employee is not provided any assurances as to how “no contact” with the harasser will be enforced. July 26, 2014
Under the requisite totality of the circumstances, a material fact issue exists on whether the comments and actions of an employer were severe or pervasive. July 12, 2014
An employee does not have to identify the specific instances of sexual harassment or retaliation in the charge of discrimination to exhaust administrative remedies. June 28, 2014
To defeat a motion to dismiss, an employee is not required to show that their supervisor employed or terminated the employee; rather, evidence that the supervisor otherwise retaliated against the employee is sufficient. June 14, 2014
