adverse-action

15 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-712 Sandra Hernden v. Chippewa Valley School District, et al. Sixth Circuit 2025-12-18 Pending adverse-action circuit-split constitutional-law first-amendment governmental-action retaliation In light of our current toxic and vindictive politics and a circuit split, under a-person-of-ordinary-firmness test, does a referral by one government…
24-5781 Marquice D. Robinson v. Michael Holman, et al. Eleventh Circuit 2024-10-18 Denied Response WaivedRelisted (2)IFP adverse-action circuit-split collective-bargaining employment-law summary-judgment tenth-amendment Whether a violation of a collective bargaining agreement constitutes an adverse employment action and whether the Eleventh Circuit Court of Appeals er…
24-5491 Phile Andra Watson v. Louis DeJoy, Postmaster General Fifth Circuit 2024-09-09 Denied Response WaivedRelisted (2)IFP adverse-action causation employment-discrimination mixed-motive retaliation title-vii Whether Title VII's retaliation provision requires but-for causation or mixed-motive standard for proving employment discrimination
24-49 James E. Hitch v. The Frick Pittsburgh Third Circuit 2024-07-16 Denied adverse-action burden-of-proof causation civil-procedure civil-rights discrimination employment employment-law retaliation Whether James E. Hitch has proven a claim for retaliation under the 'but for' causation test?
23-6649 Larry David Davis v. Barry Sims, Judge, 7th Division, Pulaski County Circuit Court, et al. Eighth Circuit 2024-02-01 Dismissed IFP 4th-amendment adverse-action civil-rights constitutional-rights due-process fingerprinting investigative-procedures law-enforcement legal-standing probable-cause search-and-seizure Whether the police violated the Fourth Amendment by fingerprinting the petitioner without probable cause or a warrant
23-690 Brant Putnam, et al. v. Timothy Ryan Ninth Circuit 2023-12-27 Denied 42-usc-1983 adverse-action civil-procedure civil-rights due-process first-amendment free-speech investigation medical-staff qualified-immunity standing Whether a retaliatory investigation may be a distinct adverse action under the First Amendment
23-5329 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2023-08-10 Dismissed Response WaivedIFP access-to-records adverse-action civil-rights discrimination discrimination-complaint due-process equal-employment-opportunity evidence-withholding retaliation sixth-amendment wrongful-termination Whether CAFC made an error in their decision to dismiss CAFC 2023-1213
20-1781 Frederick B. Wright v. Department of Labor, Administrative Review Board Fifth Circuit 2021-06-23 Denied Response Waived adverse-action federal-water-pollution-control-act motivating-factor reasonable-belief safe-drinking-water-act whistleblower-protection Whether an employer's professing motivating factor should override a whistleblower employee's reasonable belief of retaliation
19-1238 Lisa L. Watson v. Ryan McCarthy, Secretary of the Army Fifth Circuit 2020-04-21 Denied Response Waived adverse-action adverse-employment-action agency-action civil-rights comparator comparator-evidence discriminatory-termination due-process employment hipaa-compliance performance-improvement-plan prima-facie-case Question not identified
19-1121 Guadalupe A. Welsh v. Fort Bend Independent School District Fifth Circuit 2020-03-13 Denied Response RequestedResponse WaivedRelisted (2) administrative-code adverse-action adverse-employment-action civil-rights civil-rights-act due-process employment-discrimination fifth-circuit retaliation teacher-discipline texas-education-code title-vii Is the Fifth Circuit's restrictive 'ultimate adverse employment action' doctrine in conflict with Title VII protections?
19-1109 Timothy C. Yoakum v. Sabre GLBL Incorporated Fifth Circuit 2020-03-10 Denied adverse-action adverse-employment-action civil-rights compensation constitutional-rights employment employment-discrimination performance-review summary-judgment title-vii Does the issuance of an undeserved Performance Improvement Plan (PIP) and undeserved employee performance review become actionable under Title VII as …
19-724 Keith Y. Arakaki v. Megan J. Brennan, Postmaster General, et al. Ninth Circuit 2019-12-09 Denied Response Waived adverse-action civil-procedure civil-rights employment-discrimination pretext retaliation summary-judgment title-vii Whether the four discrete events Petitioner raised in opposing Respondents' Motion for Summary Judgment constituted adverse actions in accordance with…
18-942 Ashidda Forgus v. Mark T. Esper, Secretary of Defense Fourth Circuit 2019-01-18 Denied Relisted (5) adverse-action circuit-conflict civil-rights discrimination employment-discrimination lateral-position lateral-transfer materially-adverse-action retaliation title-vii transfer Whether it is a 'materially adverse action' under Title VII for an employer to deny, on account of discrimination and/or retaliation, an employee's re…
18-662 Mary McDonald v. City of Wichita, Kansas Tenth Circuit 2018-11-21 Denied Response Waived adverse-action but-for-causation but-for-cause employment-discrimination jury-instruction jury-instructions predominant-cause retaliation sole-cause sole-cause-standard standard-of-proof title-vii Does a court err by instructing a jury that a plaintiff must prove that retaliation is 'the' but-for cause of the adverse action, rather than 'a' but-…
18-28 Robert J. Balding v. Sunbelt Steel Texas, Inc., et al. Tenth Circuit 2018-07-05 Denied ada-protections adverse-action americans-with-disabilities-act civil-rights due-process employment employment-discrimination family-and-medical-leave-act family-medical-leave-act fmla-rights pretext protected-leave retaliation workplace-retaliation Whether an employer violates an employee's FMLA-or-ADA-rights by interfering-with-retaliation-against-denying-accommodations-and-taking-adverse-action