A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to the employer’s policy or DOT regulations when he failed to produce a Safety Concern Letter from the prescribing physician. Ross
Iowa Supreme Court Reverses $1.5 Million Verdict Against Former Governor in Sexual Orientation Discrimination Suit
After nearly a decade of litigation, in Godrey v. State of Iowa et al, Case No. 19-1954 (June 30, 2021), the Iowa Supreme Court reversed a jury verdict granting $1.5 million in damages and $3.1 million in attorneys’ fees to the former Iowa Workers’ Compensation Commissioner, based on his allegation that the Governor of
Seventh Circuit Upholds High Bar for Plaintiffs Filing Retaliation Claims
The Seventh Circuit Court of Appeals recently reaffirmed employers’ rights under Title VII to make merit-based hiring decisions, even when it means rejecting a candidate who recently raised a meritorious claim of discrimination.
In Robertson v. Wisconsin Department of Health Services, 949 F.3d 371, 374 (7th Cir. 2020), the plaintiff reported discriminatory conduct in
How Little May an Employee Allege for Retaliation Protection?
The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification.
The Texas Supreme Court, in Apache Corp. v. Davis, has been asked to evaluate a lower court ruling on the subject. The
Documentation: The Star Role in Defending Against Retaliation Claims
Despite the heightened attention to avoiding and addressing sexual harassment claims in the wake of the #MeToo movement, retaliation remains the most-frequently filed employment law claim according to the Equal Employment Opportunity Commission’s FY 2019 Enforcement and Litigation Data. The agency received 39,110 retaliation charges in FY 2019 or 53.8% of all charges filed.
The
Former Winery Employees Awarded $11 million
Plaintiffs Megan Meadowcroft and Amanda Brown, two winery employees, alleged that they had been harassed on numerous occasions by their supervisor, General Manager Pinero. Specifically, Brown alleged that Pinero attempted to flirt with her, and physically made contact with her. Meadowcroft alleged that Pinero made sexually explicit gestures, sexually explicit comments, put his hands on
Florida Jury Awards Former University Registrar $310,500 In Retaliation Suit
A jury recently returned a $310,500 verdict in favor of a former University of South Florida employee on her retaliation claim against the University. DeBose v. USF Board of Trustees, et al, No. 8:15-cv-02787 (M.D. Fla. Sept. 26, 2018). The former employee, Angela DeBose, claimed she was retaliated against because she had filed internal
Jury Enters Sexual Harassment Verdict in Favor of Plaintiff; Awards No Damages
A jury in the Northern District of Georgia recently entered a verdict in favor of the plaintiff in a sexual harassment case, yet awarded her no damages.
In Furcron v. Mail Centers Plus, LLC, a former mailroom clerk, Myra Furcron, sued her former employer, Mail Centers Plus, LLC, for sexual harassment as a result
Well-Documented Investigation and Carefully Written Policies Give Win to School District Against Discrimination, Retaliation Claims
Following nearly 10 days of witness testimony, a jury in Denton, Texas, has ruled in favor of the Denton Independent School District (ISD), and rejected an ISD para-professional’s claim that he was fired in retaliation for complaining about discrimination. Although the ISD’s termination letter to the para-professional stated that his history of filing meritless
Wisconsin Jury Rejects Fired Jail Officer’s Claims of Discrimination and Retaliation
A case involving a former jail officer shows how keeping detailed, contemporaneous records of complaints of discrimination and unfair treatment can help defend against employee claims.
A federal jury in Wisconsin rejected a former jail officer’s claim that her termination was the result of sex discrimination and retaliation. The jury apparently found the plaintiff’s allegations