School District Prevails in Title VII Retaliation case Filed by Basketball Coach

A high school girls varsity basketball coach sued a school district for gender discrimination after the school failed to hire her as the boys varsity basketball coach. The court found in favor of the coach and ordered the district to hire her as varsity coach for both the boys and girls basketball teams. More ›

EEOC Findings not Dispositive in Employee’s Discrimination Suit

Just because the EEOC finds that an employee was subjected to a retaliatory termination does not mean an automatic win in the courts. The plaintiff-employee in this case learned that the hard way. More ›

Police Sergeant Engaged in Protected Activity when Complaining About Gender Inequality

Last month we reported to you the case of a public school principal whose First Amendment and retaliation claims were stricken by the Court due to the fact that she was not speaking as a private citizen, and thus, her speech was not protected. On the other side of the coin, here, the Third Circuit finds that a triable claim exists where a public employee articulates complaints of sex discrimination in the police force, because such speech implicates matters of public concern.  More ›

Sixth Circuit: Employee Fails to Establish race Discrimination based on Having Biracial Children

An employee was terminated after her employer conducted an investigation which ultimately revealed that she was stealing hydrocodone pills from the employer’s pharmacy. As a result of the investigation, the employer contacted the local police and provided them with information that ultimately led to the arrest of the employee. The employee then filed suit against her employer, claiming that the employer was deliberately misleading and malicious in providing information to the police which led to her arrest. The employee claimed that her termination was actually because of her race, and more specifically, based on her having biracial children. She also claimed that she was retaliated against for her complaints about unlawful race discrimination. The employee alleged that the employer’s actions violated the state of Michigan’s Elliot-Larsen Civil Rights Act and common law, and Title VII of the Civil Rights Act of 1964, as amended. More ›

ObamaCare’s Whistleblower Protections go into Effect

Though President Obama and Congress established broad requirements in the Affordable Care Act (aka ObamaCare), they tasked federal agencies with filling in myriad blanks regarding implementation. The agency rules that are emerging, often with little fanfare, can have an enormous effect on how the law operates in the real world.

One important rule regarding the handling of retaliation complaints became effective this week. More ›

School Principal Lacks free Speech Claim as Work-Related Complaints not Made as Private Citizen

A new middle school principal questioned her predecessor about certain expenditures made using the school credit card. The following year, the principal was placed on a performance improvement plan, and was later advised that the school was contemplating terminating her contract. The principal filed a police report claiming the predecessor misused school funds, and also sent letters regarding the same matter to the superintendent and other school officials. A hearing was held, and the district board voted to terminate the principal's contract. She then sued, alleging breach of contract and violations of 42 USC 1983, claiming that she was retaliated against for engaging in activities which were protected under the First Amendment. The district court granted summary judgment in favor of the district and the principal appealed. The Seventh Circuit Court of Appeals affirmed, finding that "in order for a public employee to raise a successful First Amendment claim for her employer's restriction of her speech, the speech must be in her capacity as a private citizen and not as an employee." In this case, however, the principal was speaking as a public employee when she lodged complaints against her predecessor, and was speaking about matters which were directly within her oversight as the principal. The Court similarly found that her breach of contract claim could not withstand because the contract language itself specifically stated that the district could terminate her for whatever reason after one year, as long as she was provided severance for the remaining year. The distinction between public and private speech can be a critical part of a public employer's defense against an employee's retaliation claim. This case also reminds employers of the importance of including specific language about at will or for cause termination in employment contracts.

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis.  Lawler initiated the action after Defendant employer terminated her employment.

Lawler asserted four claims: (1) disability discrimination, (2) retaliation, (3) harassment, and (4) intentional infliction of emotional distress. The first three causes of action were brought under the California Fair Employment and Housing Act (“FEHA”).

The trial court granted summary judgment for Defendant as to all causes of action, and the Ninth Circuit affirmed. More ›

Thirteen Month gap Between Protected Activity and Alleged Retaliation Leads To Summary Judgment For Employer

In Anderson v. Donahoe, a U.S. Postal Service employee suffered from asthma. The employee claimed his employer failed to accommodate his disability which allegedly arose due to flare ups of his condition that he experienced while working as a part-time mail processor. For seven years, from 2002 through 2009, the employee filed multiple complaints with the Equal Employment Opportunity Commission (EEOC) and the Occupational Safety and Health Administration (OSHA) in addition to union grievances, requesting a reasonable accommodation of his disability. During the same seven-year period, the employee had extended periods of absences from work. The employee sued his employer claiming that it had violated the Americans with Disability Act (ADA), the Family Medical Leave Act (FMLA), and the Rehabilitation Act. The trial court granted the employer summary judgment. The employee appealed. The Seventh Circuit of the U.S. Court of Appeals affirmed the granting of summary judgment against the employee. More ›

Employee Failed to State Valid First Amendment Claim Because she was Speaking Pursuant to her Official Duties

A former school payroll employee reported incidences of fiscal irregularities to the superintendent, and later reported the same concerns to an outside consultant. Thereafter, she was suspended when it was discovered she falsified her employment application. In response, the employee wrote a personal letter to individual board members expressing frustration with how the superintendent responded to fiscal concerns, and that her suspension was in retaliation for reporting fiscal malfeasance. The superintendent recommended the employee’s termination, which the board approved, and the termination was later made official following a disciplinary hearing. More ›

D.C. Circuit Upholds Large Jury Verdict in Favor of Male Sexual Harassment Victim

A prominent female lobbyist employed her former personal trainer, a Serbian immigrant, at her lobbying firm and agreed to sponsor his H-1B visa so that he could stay in the United States. Over the course of his three-year employment with the firm, the employee claimed that he was consistently harassed with sexual propositions and innuendo by his female supervisor. More ›