Recent Rulings by Two Federal Appeals Courts Relax Burden of Proof for Plaintiffs Claiming FMLA Retaliation
Among other things, the federal Family and Medical Leave Act (FMLA) prohibits an employer from retaliating against employees who exercise
Eleventh Circuit Rules That “Temporal Proximity” in Context of FMLA Retaliation Claims Is Measured From When Leave Ends
In deciding whether a plaintiff has made out a case of unlawful workplace retaliation, the federal courts will often look
Title VII Ruling by Fifth Circuit Provides Textbook Example of Importance of Raising “McDonnell Douglas” Defenses
The U.S. Court of Appeals for the Fifth Circuit recently affirmed the pre-trial dismissal of a discrimination and retaliation lawsuit,
Ninth Circuit Rules That Dodd-Frank Law Protects Whistleblowers’ Internal Complaints, Deepening Split on Issue Among Federal Courts
The U.S. Court of Appeals for the Ninth Circuit ruled recently that whistleblower retaliation protections included in the 2010 federal
Detailed FY 2016 EEOC Enforcement Numbers Show Continued Increase in Disability and LGBTQ Charges
According to detailed enforcement and litigation statistics for fiscal year (FY) 2016 (October 1, 2015 – September 30, 2016) released
Back-to-Back Rulings by Fifth Circuit Reach Different Results on Damages Available to Plaintiffs Who Prevail on ADEA and FLSA Retaliation Claims
The U.S. Court of Appeals for the Fifth Circuit recently handed down two decisions analyzing the remedies available to successful
Federal Enforcement Data Show That Whistleblower Retaliation Claims and “Bounty Hunter” Awards Set New Records in 2016
Statistics released recently by four separate federal agencies with jurisdiction over handling retaliation complaints filed by corporate whistleblowers and/or administering
Second Circuit Rules That “Cat’s Paw” Theory of Liability Can Encompass Coworker Bias
In a case of first impression, the U.S. Court of Appeals for the Second Circuit has ruled that the “cat’s
Recent OFCCP Financial Settlements Suggest Agency Is Attempting to “Clear the Books” as End of Obama Administration Approaches
It is not uncommon for federal enforcement agencies to attempt to tie-up loose ends as the term of the Administration
SOX Ruling by Eighth Circuit Says Whistleblower Must Be Able To Show That “Reasonable Person” Would Have Seen a Problem
The U.S. Court of Appeals for the Eighth Circuit has ruled that a whistleblower retaliation case brought under the Sarbanes-Oxley