LexisNexis® Legal Newsroom
VanDeusen and Simons on Thompson v. North American Stainless, LP

by Darrell VanDeusen and Adam T. Simons ( Mr. Simons is an associate at Kollman & Saucier, having recently completed a clerkship on the Maryland Court of Special Appeals ) The Court will revisit the issue of retaliation in Thompson v. North American Stainless, LP , 567 F.3d 804 (6th Cir. Ky...

Termination of Employee Based on her Marriage to an Undocumented Alien Does Not Violate VII

In 2011, the United States Supreme Court held in Thompson v. North American Stainless that an employer may violate Title VII by retaliating against an employee who is related to a worker engaged in conduct protected by Title VII-even if the employee himself neither raised a claim of discrimination nor...

Does a "good faith belief" about an illegal pay practice support an FLSA retaliation claim?

April Hurd worked as a nurse's aide for Blossom 24 Hour We Care Center. The company fired her 10 days after she complained about unpaid overtime. Easy case for the employee? If you think this is an open and shut case of retaliation under the FLSA, you are mistaken. In Hurd v. Blossom 24 Hour We Care...

EEOC's "emerging issues": LGBT rights, and accommodations for pregnant women

The Equal Employment Opportunity Commission issued yesterday its draft Strategic Enforcement Plan . If you don't have time to slog through all the introductory material, you won't miss a thing if you skip right to Section III (Priorities). The agency proposes that its priorities will be *Systemic...

Fact or Fiction: Opposing an employee's u/c request may be Title VII retaliation

That's right folks. It's time for another edition of "Fact or Fiction" a/k/a "Quick Answers to Quick Questions" a/k/a QATQQ f/k/a "I don't feel like writing a long blog post." Under Title VII of the Civil Rights Act , an employer engages in unlawful retaliation...

Supreme Court to Decide How an Employee Must Prove Title VII Retaliation

What makes retaliation the most common discrimination claim in America ? I suspect it's because other forms of discrimination (e.g., race, gender, disability) are more difficult to prove and don't always result in an adverse employment action, such as termination of employment. And since...

U.S. High Court Hears Arguments on Proof of Title VII Retaliation Claims

WASHINGTON, D.C. - (Mealey's) A Title VII of the Civil Rights Act of 1964 retaliation claim must prove but-for causation, the attorney representing the University of Texas Southwestern Medical Center (UTSW) argued before the U.S. Supreme Court April 24. ( University of Texas Southwestern Medical...

Split U.S. High Court Finds Higher Standard for Title VII Retaliation Claims

WASHINGTON, D.C. - (Mealey's) Retaliation claims filed under Title VII of the Civil Rights Act of 1964 must prove but-for causation, a split U.S. Supreme Court ruled June 24, rejecting the lessened causation test outlined in 42 U.S. Code Section 2000e-2(m) [ an annotated version of this statute...

Take This Job and Shove It: Discrimination Complaint Does Not Shield Employee from Firing

Over the weekend, I read this opinion from the Seventh Circuit Court of Appeals. From the opening paragraph, it had my attention. After working at A.B. Data for four months, Michael Benes charged the firm with sex discrimination. The EEOC arranged for mediation in which, after an initial joint session...

VanDeusen on Univ. of Texas Sw. Med. Ctr. v. Nassar: Supreme Court Holds "But-For" Standard Applies in Title VII Retaliation Cases

In perhaps the biggest employment case this term, the Supreme Court has held that a "but-for" standard – not the "mixed motive" analysis applies to retaliation claims under Title VII. In Univ. of Texas Sw. Med. Ctr. v. Nassar , the court resolved the Circuit split that developed...

Second Circuit Weighs in on "the Manager Rule" and Pleading Standards

Earlier this month, the Second Circuit issued its opinion in Littlejohn v. City of New York addressing "the manager rule" under Title VII retaliation claims [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. Sometimes, in retaliation cases, the employee...

Retaliation Suits Under Title VII in the Fourth Circuit: Panoramic Views & the Rejection of the Manager Rule

by Benjamin W. Mounts Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. To give effect to this prohibition, the statute imposes liability on employers who retaliate against employees who oppose unlawful employment practices. The U.S. Supreme Court...