Topic
Retaliation
1,370 published works
Wait A Second!
Plaintiff loses retaliation case on appeal
By secondcircuitcivilrightsblogsecondcircuitcivilrig
A plaintiff can establish a prima facie case of retaliation and still lose at summary judgment. That is what happened to an Office of Mental Health employee whose discrimination complaint was…
California Appellate Report
Chin v. DoorDash, Inc. (Cal. Ct. App. – Oct. 5, 2026)
By Shaun Martin
Plaintiff files a retaliation suit against his employer, DoorDash, but deliberately refrains from making a sexual harassment claim, hoping that the trial court will refuse to compel arbitration on the…
Wait A Second!
Plaintiff lose political affiliation case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals holds that three Program Integrity Officers who worked for the Orange County Sheriff cannot sue for First Amendment/political affiliation retaliation because they held political jobs, which…
Roberts Disability Law Blog
Can an ERISA Section 510 Retaliation Claim Be Forced into Arbitration? A Texas Court Says Yes, Even with a Benefits Carve-Out
In Hawkins v. Wells Fargo Bank, N.A., No. 3:26-cv-00026, 2026 WL 2905988 (S.D. Tex. Sept. 28, 2026), a magistrate judge in the Southern District of Texas compelled an ERISA Section…
Ohio Employer Law Blog
Some things should be left unseen
"In the workplace, the law requires that some things be left unseen."That's the 6th Circuit, in a retaliation case that started with a groping complaint and ended with a pornographic…
California Workplace Law Blog
California Expands Protections Against Immigration-Related Workplace Retaliation
By John E. Exner, IV, Jonathan A. Siegel
Governor Gavin Newsom has signed Assembly Bill (AB) 2495, expanding California’s protections against retaliation and other workplace conduct involving a person’s perceived immigration status. The new law amends Labor Code…
Davis+Gilbert PERKS
Second Circuit Offers Expansive Definition of “Protected Activity” that can Support Retaliation Claim
On Monday, September 21st, the Second Circuit Court of Appeals held that a terminated in-house attorney plausibly alleged that she engaged in a protected activity when she refused to meet…
Paul W. Mollica Federal Courts Blog
District Court Erred Under Fed. R. Civ. P. 15(b) in Conforming Pleadings to Trial Evidence to Allow an Unpled Claim of Retaliation to Go to the Jury, First Circuit Holds
In DiFronzo v. City of Somerville, No. 25-1210 (1st Cir. Sept. 21, 2026), the First Circuit reverses in part a judgment in favor of the plaintiff in a First Amendment…
California Employment Law Update
Employee Who Made No Protected Disclosure Was Not A Whistleblower
By Tony Oncidi
Krzesni v. Wellpinit Sch. Dist., 182 F.4th 1147 (9th Cir. 2026) David Krzesni, a school-district project director, claimed his fixed-term contract was not renewed because he reported that federal grant…
Religion Clause
EEOC Sues Frozen Snack Manufacturer Over Firing of Jewish Employee
The EEOC announced yesterday that it has filed suit against the Texas-based Bell Creameries, Inc. charging it with religious discrimination against a Jewish employee who was a body shop technician. …