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” ShowingBy Samantha L. Brooks and Erin Dougherty Foley
Seyfarth Synopsis: In McCann v. Badger Mining Corporation, — F.3d. — (7th Cir. 2020), the Seventh Circuit affirmed summary judgment and held that no jury could conclude that plaintiff’s position would not have been eliminated “but for” her disability.
In McCann, the plaintiff alleged that she had been discriminated against
Continue Reading Seventh Circuit Affirms Summary Judgment in Disability Suit Where No Evidence that Disability Was “But For” Cause of Position Elimination
By Christina Jaremus and Erin Dougherty Foley
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in legally protected activity at or around the same time as their misconduct.
On April 30, 2020, the 11th
Continue Reading What To Do When Employee Misconduct And Protected Activity Collide?
By Funto P. Seton and Esteban Shardonofsky
Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims under the Family and Medical Leave Act (FMLA). An interlocutory appeal recently taken from the federal court
Continue Reading “But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split
By Kevin A. Fritz, Andrew R. Cockroft, and Craig B. Simonsen
Seyfarth Synopsis: Petitioner to the Supreme Court claims that the Sixth Circuit engaged in a “separate but equal” rationale when it rejected her claim that her employer discriminated against her based on race after the employer allegedly acquiesced to a Caucasian family’s request that no African American
Continue Reading Nursing Manager, Removed from Patient Case, Seeks Supreme Court Review in Discrimination Case
The EEOC recently released its Proposed Enforcement Guidance on Retaliation, which is not law, but will shape how the agency investigates retaliation charges going forward. The report, which replaces the 1998 version, offers a look into the EEOC’s expansive view of its jurisdiction.
While the EEOC emphasizes that charges of retaliation “essentially doubled” between
Continue Reading EEOC Expands Its View Of Retaliation Charges