Recently, Justices Thomas and Gorsuch have questioned whether the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) framework remains the appropriate standard in certain employment related cases.
CA Supreme Court Clarifies Standard for Employee Whistleblower Retaliation Claims
On Jan. 27, 2022, the California Supreme Court issued its opinion in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), clarifying the
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To the (whistleblowing) victor go the spoils…
Effective January 1, 2021, plaintiffs who bring whistleblower retaliation claims under California Labor Code section 1102.5 will be eligible to recover attorneys’ fees if they prevail. Labor Code section 1102.5
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What You Think You Know Can Hurt You: A Cautionary Tale About Internal Investigations.
When an employee termination is on the table, employers know that a supporting investigation is important, as we recently discussed on GT’s The Performance Review podcast, available here. A
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SCOTUS to Resolve Circuit Split Over Dodd-Frank Whistleblowers
On Monday, June 26, 2017, the U.S. Supreme Court agreed to review whether the Dodd-Frank Act (DFA) prohibits retaliation against internal whistleblowers or only covers individuals who report to the
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In a Pro-Employee World, U. S. Supreme Court Rulings Offer Employers Hope
With Michael Slocum and Colleen Giusto
In a pair of important opinions released last week, both of which are helpful to employers, the U.S. Supreme Court raised the bar for
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Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition
Today, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
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Discipline of Employees Who Have Engaged in Protected Activity
Lots of laws prohibit an employer from firing or taking some other adverse action against an employee based on the employee’s protected conduct, status, or activity. But what happens when
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