retaliation

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By: Olivia S. Williams, Grayson Moronta, and Christina Meddin

Seyfarth Synopsis

The Eleventh Circuit’s recent decision Ismael v. Roundtree, No. 25-10604 (11th Cir. Dec. 5, 2025) reversed the United States District Court for the Southern District of Georgia’s grant of summary judgment in favor of Defendants and held “the District Court improperly conflated the McDonnell Douglas pretext…

Continue Reading Ismael v. Roundtree: Clarifying the Coexistence and Application of the McDonnell Douglas Pretext Analysis and the Convincing Mosaic Standard

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 Nicolas A.Lussier, and Nicholas H. De Baun

Seyfarth Synopsis: On November 17, 2023, New York Governor Kathy Hochul signed into law S4516, a significant amendment to Section 5-336 of the New York General Obligations Law. This legislation marks a critical expansion in the state’s ongoing efforts to regulate settlement agreements, particularly with respect to non-disclosure agreements (NDAs)…

Continue Reading Navigating New York’s Revised Legal Framework for Settlement Agreements
CalPecs

By Kristina M. Launey, Scott P. Mallery, David Kim and Galen Sallomi 

Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of  which employment bills are before the Governor for consideration, including bills that impact non-compete agreements, FEHA protected categories, paid…

Continue Reading Legislative Update: Nearing the End of the Road (for 2023)

By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant Secretary Doug Parker, National Labor Relations Board General Counsel Jennifer Abruzzo…

Continue Reading Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”

By Linda Schoonmaker and Kyle Winnick

Seyfarth Synopsis: The Fifth Circuit dismissed a plaintiff’s harassment claims because the employer took prompt action to stop the harassment and prevent it from continuing.  This case highlights the importance for employers to have effective harassment policies and procedures in place.

Acting promptly to remedy discrimination in the workplace is not just…

Continue Reading Prompt Remedial Action Saves the Day for This Employer
By Ada Dolph, Annette Tyman, Danielle Kays, Sam Schwartz-Fenwick, Sara Fowler, and Tom Posey

About the Progam
A lot can change in a year, especially during an election year! On a national level, as well as a state and local level, there have been many recent labor and employment law changes and even more changes
… Continue Reading Where We Came From and Where We’re Going: What Does 2023 Have in Store for Labor & Employment Laws?

By Matthew J. Gagnon and Sarah K. Bauman

Seyfarth Synopsis: On November 17, 2021, the EEOC updated its COVID-19 technical assistance resources to add guidance on pandemic-based employer retaliation and interference.  The updated guidelines clarify the rights of employees who engage in EEO protected activity.  Key for employers are the numerous examples of what the EEOC deems retaliation in this …

Continue Reading EEOC Technical Assistance On COVID-19: The Commission Adds Insight On Pandemic-Related Retaliation Claims

By 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 Cary Reid Burke and Stan Hill

Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the employer in Ramji v. Hospital Housekeeping Systems, Inc., Case No. 19-13461 (11th Cir. April 6, 2021).

First, an employer cannot get…
Continue Reading 11th Circuit to Employers: Heed Your FMLA Obligations