Topic
Retaliation
1,387 published works
The EPL Advisor
Former Employee Advances Retaliation Claim Despite Execution of Settlement Agreement
An Ohio federal district court recently denied a former employer’s motion for judgment on the pleadings, holding that the plaintiff could proceed with her retaliation claim even though she signed…
Litigators at Work
Who is the Similarly Situated Comparator?
By Adriana R. Midence, Martin W. Aron
To prove claims of employment discrimination and retaliation, plaintiffs frequently rely on the similarly situated comparator — a coworker who engaged in the same misconduct alleged against the plaintiff, but…
San Antonio Employment Law Blog
Western District Denies Motion to Dismiss
Mary Ellen Johnson worked at Southwest Research Institute for many years before she was fired. Some time before her termination, she complained about possible discrimination against her due to her…
Disability, Leave & Health Management Blog
Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases
By Vincent E. Polsinelli, Christopher J. Stevens
A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his…
Litigators at Work
Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases
By Vincent E. Polsinelli, Christopher J. Stevens
A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his…
The EPL Advisor
Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case
A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims. Cassimere v. Fastorq LLC. Plaintiff, an…
Employment & Labor
Changing Overtime Policy May Constitute Retaliation
They say that everything is bigger in Texas. That now may be true for the risk that an employer’s change to its overtime policies will result in a claim filed…
Work Comp & Employment Law Insight
Hire Slow, Fire Fast
In a recent 8th Circuit case published on March 1, 2017, LaKeysia Wilson v. Arkansas Dept. of Human Services (DHS), Wilson, an African American woman, sued DHS alleging disparate treatment…
Gender and the Law Prof Blog
3d Circuit Says Medical Resident’s Title IX Sexual Harassment and Retaliation Claim Survives Motion to Dismiss
By Tracy Thomas
Doe v. Mercy Catholic Medical Center (3d Cir. Mar. 7, 2017) Under a residency agreement, Doe joined Mercy's diagnostic radiology residency program in 2011 as a second-year, or R2. The program…
California Employment Law Update
March 2017 California Employment Law Notes
By Tony Oncidi
We invite you to review our newly-posted March 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Routine Hugging…