Judge Cheryl Ann Krause wrote for the court, which held that the district court erred in (1) examining DeMasters’ conduct as a series of discrete incidents rather than as part of a continuous course of oppositional conduct to the employer’s decisions, and (2) applying the “manager rule,” which exempts managers acting in the course of their counseling duties from retaliation protection under the Fair Labor Standards Act (FLSA)
Nassar, including on the retaliation claim for which the judge had given the jury a motivating factor charge as urged by the defendant
NELA and the Government Accountability Project (GAP) joined together in an amicus brief to support two whistleblowers who reported allegedly wrongful accounting and fee practices for certain Fidelity mutual funds in Lawson v. FMR LLC ( Case No. 12-3 ), currently pending on the...
Are auditors and compliance personnel protected from retaliation under the Dodd-Frank Act?
The Court should reaffirm that while unlawful retaliation must prompt an employment decision, it need not be the sole factor
12-484 bsac National Employment Lawyers Association et al.pdf
Court of Appeals for the Fourth Circuit in support of plaintiff DeMasters who was wrongfully terminated in retaliation for using established internal complaint mechanisms to notify Carilion Clinic about the sexual harassment of a co-worker by a supervisor. The court in the Western District of Virginia granted Carilion’s Rule 12(b)(6) motion to dismiss, holding that DeMasters failed to state a plausible claim of retaliation under Title VII because he did not produce sufficient facts to establish that he engaged in a protected activity
DeMasters v. Carilion Clinic_NELA Amicus Brief.pdf
Fannie Mae, articulated the correct contributing factor causation standard for retaliation claims brought under certain whistleblower statutes
NELA amici-curiae-brief Powers v Union Pacific_ARB 13-034.pdf
In its amicus brief, NELA argued that the decision below was inconsistent with prior MSPB caselaw which held that the WPA prohibited retaliation against applicants for federal employment even if the victim had not yet applied for federal service at the time of their protected conduct, a line of cases consistent with Congressional intent in construing whistleblower protections broadly in favor of coverage. The amicus brief noted that the decision below contradicted MSPB precedent protecting individuals perceived by management to be whistleblowers from retaliation based on that belief, whether or not the individual had actually engaged in protected conduct
Plaintiff Cynthia Turner brought claims for wrongful termination and retaliation under state and federal whistleblower statutes and Title VII
Turner amicus brief_07.23.2014_FINAL.pdf
The District Court granted summary judgment in favor of the Defendant on Mr. Sharif’s FMLA retaliation claim, relying substantially on the so-called “honest belief” defense, whereby a defendant’s proffered non-discriminatory reason for taking an adverse action against the Plaintiff need not be accurate, as long as it is “honestly believed.”
Anderson (Murphy Anderson PLLC, Boston, MA), and NELA Program Director Rebecca Hamburg Cappy. #Retaliation #USSupremeCourt #Whistleblower #Amicus
NELAAmicus_Lawson_final_08 07 2013.pdf
The amicus brief argues that the plain meaning of the applicable statutory text, the legislative history surrounding the adoption of the text, and the text’s purpose as part of a broader regulatory scheme designed to protect workplace whistleblowers from retaliation preclude an ALJ from considering at the “contributing factor” stage the respondent’s evidence that the protected activity played no role in the adverse action
Palmer_ARB_NELA Amicus Brief_080316.pdf
Court of Appeals for the Sixth Circuit in support of plaintiff Patricia Travers who was wrongfully terminated in violation of the ADA and in retaliation for taking FMLA leave...#Disability #FMLA #Amicus #Retaliation #ADAAA #6thCircuit
Amicus Brief 03.03.14 Final.pdf
#4thCircuit #SummaryJudgment #Retaliation #Amicus #FMLA #CivilProcedure #InterestedWitnesses
Sharif v United Airlines_4th Cir_NELA MWELA Amicus Brief_Final_102615.pdf
#Amicus #DOL #9thCircuit #FLSA #ClassandCollectiveActions #Retaliation
Acosta v. Austin Electrical Servs_NELA Impact Fund Amicus Brief_9th Cir_102318.pdf
Fannie Mae applied the correct standard in articulating a contributing factor causation test for retaliation claims brought under various whistleblower laws...He said that “this case marks a new beginning for whistleblowers that file corporate retaliation cases.”
The issue in this case is whether the First Amendment's so-called "ministerial exception" bars a claim that a parochial school teacher was dismissed in retaliation for stating that she was going to assert her rights under the Americans with Disabilities Act (ADA)
NELA Amicus_HosannaTabor.pdf
Among other important arguments, the amicus brief highlights how essential class actions are to efficiently and effectively addressing pervasive workplace abuses, while also protecting class members from the retaliation they are far too likely to face if forced to proceed individually
Jock v. Sterling Jewelers_NWLC NELA Amicus Brief_031418.pdf
In order to attract legal representation and avoid retaliation, low-wage workers must be allowed to band together and collectively challenge unlawful wage policies and practices
11-1059 bsac NELA.pdf
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PELA is a statewide organization of more than 140 attorneys who represent workers in discrimination, harassment, retaliation, whistleblower, and other employment matters