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Report Link Court Applies Title VII Retaliation Standard to FMLA Retaliation Claim.Jackson Lewis LLP - December 15, 2006 Following the U. S. Supreme Court's 2006 ruling making it easier for individuals to sue employers for retaliation under Title VII of the Civil Rights Act of 1964, federal courts have begun using the broad 'reasonable employee' standard in analyzing retaliation claims under other statutes. In Burlington N. & Santa Fe Ry. Co. v. White. 126 S. Ct. 2405 (2006), the Supreme Court resolved a split of opinion among the federal circuit courts concerning the legal standard for plaintiffs in such cases, holding that an "ultimate employment decision" or "materially adverse change in the terms and conditions of employment, such as a discharge, demotion, or loss of pay' is not required. Rather, the Court said the standard should be whether a "reasonable employee would have found the challenged action materially adverse," which turns on whether the employer's action "might have dissuaded a reasonable worker from making or supporting a charge or discrimination." Report Link Federal Court in Arizona Finds Paid Leave Retaliatory under FMLA.Ford & Harrison LLP - December 11, 2006 In the first case expanding the U.S. Supreme Court's recent decision in Burlington Northern v. White (2006) (addressing what constitutes an adverse employment action under Title VII) to a Family and Medical Leave Act (FMLA) case, a court in Arizona held that putting an employee on an involuntary paid leave was an adverse employment action in retaliation for requesting additional FMLA leave. See Foraker v. Apollo Group, Inc. (D. Ariz. 2006). The Arizona court stated that a reasonable employee likely would find such an administrative leave to be "materially adverse" as required by Burlington. The court held that the elimination of all job responsibilities, all contact with co-workers, all experience and education that would come from fulfilling one's job responsibilities, and all periodic performance reviews for an indefinite period of at least 12 months "well might have dissuaded a reasonable worker" from requesting FMLA leave. Report Link Fired Employee's FMLA Suit Rejected (pdf).Ogletree Deakins - June 19, 2006 Fired one day after FMLA leave expired. Report Link Termination Justified In FMLA Leave Case (pdf).Ogletree Deakins - May 11, 2006 The federal appellate court with jurisdiction
over Arizona employers recently
dismissed a lawsuit brought
by an employee who claimed that he
was terminated shortly after requesting
leave under the Family and Medical
Leave Act (FMLA). According to
the Ninth Circuit Court of Appeals,
the trial judge correctly concluded
that the employee’s request for medical
leave was not a factor in the termination
decision and that rather he
was fired for swearing and threatening
his supervisor. Report Link Liability Risks Do Not End When FMLA Leave Is Over: Retaliation under Family and Medical Leave Act.Jackson Lewis LLP - July 20, 2004 An employee who claims that as a result of taking protected FMLA leave, he or she has been subjected to an adverse employment action, such as a demotion or decrease in salary, can sue under the FMLA. Report Link FMLA Absences Complicate Termination Decisions [PDF File, p.3].Clifton Budd & DeMaria, LLP - April 30, 2003 Discusses McCauley v. Hydrosol Inc. (N.D. Ill.), in which the court held that the Company violated the FMLA and retaliated against plaintiff for taking her FMLA leave into account when making a termination decision.
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ArticlesFound: 6 ArticlesNO SUBTOPICSEmployment Law Seminars
UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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