In what creates a split between the federal circuits, a man who was fired after his fiance filed a discrimination charge against his employer was allowed to proceed with a suit for retaliation. The 3rd, 4th, and 8th Circuits have decided to the contrary. Thompson v. North American Stainless, ____F3rd___, No. 07-5040 (6th Circuit, March […]
In Hernandez v. City of Vancouver, Mark Tanninen, No. 06-35713, filed April 14, 2008, the Ninth Circuit issued a memorandum opinion reversing summary judgment for the employer. Hernandez, a native and citizen of Mexico, asserted claims of disparate treatment, retaliation, and hostile work environment under 42 U.S.C. Sections 1981 and 1983. He also alleged city […]
The panel’s introduction says it all:
Marie Bernadette Mendiondo appeals from the district court’s order dismissing her complaint. Mendiondo worked as a nurse at Centinela Hospital Medical Center (”CHMC”) and alleged that, following her complaints regarding false billing and reimbursement practices and substandard patient care, she was wrongfully terminated in violation of the Federal False Claims […]
The California Supreme Court recently ruled that a supervisor could not be held individually liable for retaliation based on sexual orientation, reversing a $155,000 verdict. California state law limits claims for employment discrimination to “employers,” but the same state law prohibits retaliation by “any employer, labor organization, employment agency, or person.” The employee argued that […]
In the last year, there was a 9% increase in federal discrimination charges filed with the EEOC, the largest increase since the 1990s. The increase includes hikes in all types of discrimination charges. Retaliation is the second most common discrimination complaint next to race. There was an 18% increase in retaliation charges in 2007 over […]
A law enforcement officer alleged that his department transferred him in retaliation for public positions he took during an election, and sued under 42 USC § 1983. The panel reversed several trial court rulings adverse to the employee.
Undesired duties as adverse employment action: The panel held that the transfer was an adverse employment action, though it apparently […]
Court addresses NLRA pre-emption, good faith claims, misrepresentation, and probationary status
The Supreme Court issued an important employment opinion this past Friday. The Court unanimously (per Bryner, with Eastaugh not participating) upheld some, but not all summary judgment rulings by Anchorage Superior Court Judge Mark Rindner.
Plaintiff Willard claimed that Khotol Services Corporation had breached his employment contract, breached the […]
Employee counsel frequently hear about complaints of sexual harassment from teenage employees at fast food outlets. Today’s opinion by Judge Richard Posner in EEOC v. V & J Foods, Inc., 2007 WL 3274364 (7th Cir. Nov. 7, 2007), offers useful information to both teenage employees and fast food operators.
Complaint procedures for minors: First, Posner discusses the Faragher-Ellerth defense to […]
Evergreen Aviation fired Taheri after it allegedly found him sleeping on the job. Taheri claimed Evergreen retaliated against him for his complaints to the Alaska Human Rights Commission about discrimination based on national origin, race, religion, and age. Judge Ralph Beistline granted summary judgment against Taheri, holding that while Taheri had presented a prima facie […]
Introduction
In an amended opinion issued July 20, 2007, Poland v. Chertoff, ___ F.3d ___, 2007 WL 2069651 (9th Cir. 2007), the Ninth Circuit held that a subordinate’s animus could be imputed to an employer if the plaintiff could show that the subordinate “influenced or was involved in the decision or decisionmaking process.” In reaching this […]
Most management-side lawyers are wary of initiating a conversation about waiving future employment as part of a settlement agreement, for fear of triggering a retaliation charge.
Federal OSHA has now issued a policy letter that sets out criteria for agency review of such waivers. OSHA will look at, e.g., the breadth of the employment restriction, the compensation paid for […]
