By Joshua A. Rodine and Katie Farr
Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the burden-shifting framework. The Eleventh Circuit’s decision acknowledges that it potentially creates a Circuit split over the threshold a plaintiff must meet
Continue Reading Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing
By Janine E Raduechel and Holger G. Besch
Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow.
On June 16th, the United States Court of Appeals for the Tenth Circuit brought down a case that
Continue Reading The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation ActBy Sara Fowler
Seyfarth Synopsis: On April 21, 2021, the Chicago City Council unanimously passed an ordinance prohibiting retaliation against any employee who takes leave from work to get a COVID-19 vaccine, and requiring any employer that mandates its employees receive the vaccine to provide up to four hours of paid time off per dose.
Effective April 21, 2021,
Continue Reading The No Penalty Shot: Chicago Passes Vaccine Anti-Retaliation Ordinance
By Bailey K. Bifoss and Andrew M. McNaught
Seyfarth Synopsis: Qualified immunity did not supply a Pennsylvania judge with a get out of jail free card, the Third Circuit concluded, holding that sexual harassment and retaliation in the workplace violate clearly established constitutional rights. However, the judge’s appeal was not a total wash, as the court refused to adopt
Continue Reading Third Circuit Refuses to Grant Immunity to Pennsylvania Judge on Probation Officer’s Harassment Claims