Jump to Navigation

Posts tagged "Retaliation"

Breeden v. Novartis Pharmaceuticals Corp., No. 10-7073 (D.C. Cir. July 8, 2011)

After a fired employee wins a $289,669 jury verdict in an Family and Medical Leave Act (FMLA) retaliation case, the district court takes it away on a motion for judgment as a matter of law, on the ground that the plaintiff did not present sufficient evidence that the claimed retaliation (reshuffling her accounts) actually caused her termination three years later. The D.C. Circuit affirms. The case presents a cautionary tale for a plaintiff who claims that a loss/reassignment of accounts caused further, more serious harm down the road.

Pye v. Nu Aire, Inc., No. 10-2243 (8th Cir. June 17, 2011); Geleta v. Gray, No. 10-7026 (D.C. Cir. June 17, 2011)

Two decisions issued today demonstrate the challenge employers face in managing claims of retaliation. If the summary judgment records in these cases are to be believed, the decision-makers were all-too-eager to announce their intention to get even with employees who made complaints of discrimination.

McDonald-Cuba v. Santa Fe Protective Services, Inc., No. 10-2151 (10th Cir. May 9, 2011)

The Tenth Circuit continues a split in the circuits by holding - once again - that an employee must lodge separate EEOC charges for acts of retaliation that occur after the first charge is filed - in this case, even after a civil action is commenced. The Fourth Circuit fairly recently held otherwise.

Miller v. Illinois Dep't of Transportation, No. 09-3143 (7th Cir. May 10, 2011)

Plaintiff, a fired bridge crew member in Southern Illinois, wins the opportunity to try his claims of ADA regarded-as disability discrimination and retaliation against IDOT. Plaintiff claims that the agency believed him to be substantially limited in the major life activity of work, owing to his acrophobia, and that he was fired after complaining about being given dangerous duty beyond his limitations.

Templeton v. First Tennessee Bank, N.A., No. 10-1753 (4th Cir. Apr. 22, 2011)

On a Friday afternoon, the Fourth Circuit in an unpublished decision dispenses some quick justice for a Title VII retaliation plaintiff -- with an assist from the appellate division of the EEOC -- holding that the complaint-filing stage is too early to decide whether a plaintiff can prove causation between a protected activity (here, complaining to management about sex harassment) and an adverse action (the company allegedly refusing to rehire her two years later).

McInerney v. United Air Lines, Inc., No. 09-1423 (10th Cir. Apr. 11, 2011)

A split jury verdict, of a kind now common in Title VII cases, is affirmed in full (in a non-precedential decision) by a 2-1 panel of the Tenth Circuit. The jury rejected the employee's gender discrimination claim, while awarding her $3 million in compensatory damages on her retaliation claim. The district court capped the award at $300,000, as required by 42 U.S.C. § 1981a(b)(3), but added $89,877 in back pay, and the Tenth Circuit remands for an award of attorneys' fees.

subscribe to this blog's feed subscribe to this blog's feed

tell us about your case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

facebook twitter linked in

our office locations

Outten & Golden LLP
685 Third Avenue, 25th Floor  
New York, NY 10017  
Phone: 212-245-1000
Map and Directions

Outten & Golden LLP
161 North Clark Street
Suite 1600
Chicago, Il 60601  
Phone: 312-809-7010
Map and Directions

Outten & Golden LLP
One California Street, 12th Floor
San Francisco, CA 94111
Phone: 415-638-8800
Map and Directions

Outten & Golden LLP
601 Massachussetts Avenue NW
Second Floor West Suite 200W
Washington, DC 20001
Phone: 202-847-4400
Map and Directions