Employee who complained about office affair can’t sue 
Published: May 1, 2013
Tags: hostile work environment, paramours, retaliation, sex discrimination, Title VII
An employee who alleged she was forced to quit her job after her complaints about an office affair were ignored could not sue for retaliation under Title VII, the 2nd U.S. Circuit Court of Appeals has ruled in affirming a dismissal.
Isolated racial epithet supported hostile environment suit 
Published: April 10, 2013
Tags: hostile work environment, race discrimination, retaliation, §1981
A superior’s use of a racial epithet on one occasion constituted compelling evidence that a federal employee experienced a hostile work environment, the U.S. Court of Appeals for the D.C. Circuit has ruled in reversing a summary judgment.
Benchmarks: Officer fired after arresting mayor’s son can sue 
By:
Pat Murphy
Published: March 12, 2013
Tags: First Amendment, political corruption, retaliation, §1983
An Illinois police officer claimed he lost his job because he complained that his department had a bad habit of looking the other way when politically-connected drivers were caught committing traffic violations.
Monday, a federal appeals court decided that the officer could sue for a violation of his First Amendment rights.
2nd Circuit clarifies SOX whistleblower standard 
Published: March 8, 2013
Tags: retaliation, Sarbanes-Oxley Act, SOX, whistleblower
A technology company didn’t engage in illegal retaliation when it fired an executive a short time after he refused to sign Sarbanes-Oxley Act disclosure forms, the 2nd U.S. Circuit Court of Appeals has ruled.
Nurse who defied order can still sue under ADA 
By:
Eric T. Berkman
Published: February 26, 2013
Tags: ADA, Americans with Disability Act, disability discrimination, reasonable accommodation, retaliation
A nurse who was fired for insubordination after refusing to carry out an order she felt she could not handle while recovering from a serious injury could sue her employer for retaliation under the Americans with Disabilities Act, the 1st U.S. Circuit Court of Appeals has ruled.
Benchmarks: On-the-bubble employee unable to show retaliation 
Published: February 11, 2013
Tags: retaliation, retaliatory discharge, sex discrimination
A Kentucky court has decided that a retaliatory discharge lawsuit was fatally flawed due to evidence that the employer was contemplating firing the plaintiff before she ever complained of sex discrimination.
$500K punitive award upheld in age-bias case 
Published: February 8, 2013
Tags: age bias, age discrimination, punitive damages, retaliation
An age discrimination plaintiff presented sufficient evidence of outrageous conduct by his former employer to support a jury’s award of $500,000 in punitive damages, the 8th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Workplace bias charges down slightly, EEOC says 
By:
Sylvia Hsieh
Published: February 1, 2013
Tags: Discrimination, EEOC, Equal Employment Opportunity Commission, job bias, retaliation, sex discrimination, systemic discrimination
Workplace discrimination charges went down slightly in fiscal year 2012, according to year-end data released by the Equal Employment Opportunity Commission.
EMPLOYMENT 
By:
Pat Murphy
Published: January 22, 2013
Tags: employment, retaliation, Title VII, U.S. Supreme Court
Does Title VII’s retaliation provision require a plaintiff to prove but-for causation, or only that the employer had a mixed motive?
Does mixed-motive analysis apply in retaliation case? 
Published: January 22, 2013
Tags: constructive discharge, Mixed-motive, retaliation, Title VII, U.S. Supreme Court
The U.S. Supreme Court will decide whether Title VII’s retaliation provision requires a plaintiff to prove but-for causation, or only that the employer had a mixed motive.
