Archive of Wrongful Termination
Real World Implications of the Supreme Court’s Holding in Chamber of Commerce v. Whiting
on Jun 01 in Discrimination, Wrongful Termination tagged Chamber of Commerce v. Whiting, E-Verify, IRCA, Legal Arizona Workers Act 2007 by Anthony Rao
Last week, everyone was talking about the Supreme Court’s decision in Chamber of Commerce v. Whiting. In a nutshell, the Court rejected Immigration Reform and Control Act (“IRCA”) preemption and upheld the Legal Arizona Workers Act of 2007 permitting the state to suspend or revoke business licenses (including Articles of Incorporation) if any employer knowingly [...]
No New York Adverse Employment Actions to See Here
on May 17 in Discrimination, Harassment, Wrongful Termination tagged adverse employment action, age discrimination, age harassment, severe and pervasive, Waters v. General Board of Global Ministries by Anthony Rao
In Waters v. General Board of Global Ministries (SDNY, 2011) the Southern District made some notable findings concerning adverse employment actions in granting summary judgment to the employer in an age discrimination case. We all know that a hostile work environment claim requires a showing that the plaintiff was subjected to harassment based on a [...]
Supreme Court Rules Employers are Liable for Discrimination Where Lower-Level Supervisors with Discriminatory Motives Influence, but do Not Make, Adverse Employment Decisions
on Mar 02 in Discrimination, Policies, Wrongful Termination tagged cat's paw, discipline, discrimination, Staub v. Proctor, Title VII, USERRA by Anthony Rao
Today, the Supreme Court issued its opinion in Staub v. Proctor Hospital, upholding the “cat’s paw” theory of employer liability. Vincent Staub brought a claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA) alleging that his termination was motivated by hostility towards his obligations as a U.S. Army Reservist. Staub’s Reservist status required [...]
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