adverse-employment-action

27 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-47 Wilbert J. Alexander, II v. South Carolina Department of Transportation, Human Resources Manager, et al. Fourth Circuit 2025-07-15 Denied Response Waived adverse-employment-action employment-discrimination harassment-policy race-discrimination retaliation title-vii Whether the courts improperly applied zero tolerance harassment policies under Title VII, EPA, ADA, and EEOC standards in evaluating multiple alleged …
25-33 Pedro Ortiz-Romero v. Government Development Bank for Puerto Rico, et al. First Circuit 2025-07-09 Denied Response Waived adverse-employment-action comparator-evidence discrimination-inference employment-discrimination prima-facie-case retaliation Whether a complaint in an employment discrimination lawsuit must contain specific facts that establish a prima facie case of discrimination; whether c…
23-1283 Doris Lapham v. Walgreen Co. Eleventh Circuit 2024-06-07 Denied Response Waived adverse-employment-action causation causation-standard circuit-split department-of-labor department-of-labor-regulation employment-law employment-retaliation family-medical-leave-act fmla retaliation Whether 29 U.S.C. § 2615(a)(1) prohibits an employer from retaliating against an employee who has exercised her rights under the FMLA
23-836 Samer Ali-Hasan v. St. Peter's Health Partners Medical Associates, P.C., et al. Second Circuit 2024-02-05 Denied adverse-employment-action civil-rights due-process employment employment-discrimination retaliation sex-discrimination termination title-vii wrongful-termination Does an employer violate Title VII when it terminates a physician's employment based on an accusation of sex discrimination that the employer knows is…
23A357 Brant Putnam, et al. v. Timothy Ryan Ninth Circuit 2023-10-20 Presumed Complete adverse-employment-action clearly-established-law first-amendment peer-review qualified-immunity section-1983 Whether a physician serving on a medical staff peer review committee can be held liable for an adverse employment action under 42 U.S.C. §1983 based o…
23A336 Justin Adkins, et al. v. CSX Transportation, Inc., et al. Fourth Circuit 2023-10-13 Presumed Complete adverse-employment-action collective-bargaining-agreement employer-notice-requirements family-and-medical-leave-act fmla-interference medical-certification Whether the Family and Medical Leave Act requires employers to provide employees with individualized written notice and medical certification forms as…
22-972 Jacqueline A. Watkins v. City of Chicago, Illinois Seventh Circuit 2023-04-07 Denied Response Waived adverse-employment-action cat's-paw cat's-paw-theory causation-standard civil-rights-act-of-1964 employment employment-discrimination mixed-motive racial-discrimination sex-discrimination title-vii Whether an employer can be liable for racial and sex discrimination under Title VII based on a supervisor's alleged bias
22-325 Adam Bruzzese v. Merrick B. Garland, Attorney General Second Circuit 2022-10-07 Denied Response Waived administrative-law adverse-employment-action constitutional-rights due-process employment-action ex-parte-statements government-employment preponderance-of-evidence procedural-fairness self-defense Can the adverse employment action against Adam Bruzzese stand if it was administered in a manner which does not satisfy due process requirements?
22-34 Wei-Ping Zeng v. Marshall University, et al. Fourth Circuit 2022-07-12 Denied adverse-employment-action civil-procedure discrimination-claim employment-retaliation federal-rules-appellate-procedure federal-rules-of-appellate-procedure judicial-proceedings record-on-appeal standing supervisory-power Whether the lower courts have departed from the accepted and usual course of judicial proceedings by refusing to provide Petitioner the record on appe…
21-613 Jeffrey Isaacs v. USC Keck School of Medicine, et al. Ninth Circuit 2021-10-27 Denied Response Waived adverse-employment-action civil-rights civil-rights-act employment-action medical-student ninth-circuit rehabilitation-act retaliation retaliation-claim standing title-vi Whether a student can state a retaliation claim under Section 504 and Title VI
21-561 Elijah Anthony Olivarez v. T-Mobile USA, Incorporated, et al. Fifth Circuit 2021-10-18 Denied Response Waived 42-usc-2000e-2m adverse-employment-action discrimination employment-discrimination pleading-stage pleading-standard prima-facie-case protected-category swierkiewicz-v-sorema title-vii At the pleading stage of a Title VII discrimination claim, must the plaintiff show 'circumstances that support an inference of discrimination' by plea…
21-138 Luz González-Bermúdez v. Abbott Laboratories P.R. Inc., et al. First Circuit 2021-08-02 Denied adverse-employment-action age-discrimination comparator-evidence employer-defense employment employment-discrimination jury-inference jury-verdict pretext retaliation retaliation-claim Whether comparator evidence can support an inference of discrimination if the plaintiff and comparators do not share the same position, duties, and su…
20-7670 Faizah Dean v. Workers' Compensation Appeals Board, et al. California 2021-04-06 Denied Response WaivedIFP adverse-employment-action civil-procedure civil-rights discrimination due-process labor-discrimination prima-facie-case procedural-dismissal standing statutory-interpretation workers-compensation Question not identified
20-1357 Board of County Commissioners of Weld County, Colorado v. Laurie Exby-Stolley Tenth Circuit 2021-03-26 Denied ada adverse-employment-action americans-with-disabilities-act civil-rights disability-rights employment-discrimination reasonable-accommodation statutory-interpretation Whether a plaintiff asserting a claim under the Americans with Disabilities Act of 1990 must show that the employer's failure to make the requested ac…
20-1231 Jennifer Smith v. Florida Agricultural & Mechanical University Board of Trustees Eleventh Circuit 2021-03-08 Denied adverse-employment-action burlington-northern collateral-estoppel employment-law equal-pay gender-discrimination salary-discrimination salary-equity Whether employer unlawfully discriminated against female employee by failing to apply salary equity adjustment formula
20-213 Dilip Dey v. Li-Huei Tsai, et al. First Circuit 2020-08-24 Denied adverse-employment-action age-discrimination civil-rights employment-discrimination race-discrimination retaliation title-vii Whether the prohibition in Title VII of the Civil Rights Act of 1964 against employment discrimination was violated because of my race, age encompasse…
20-56 Wen Chiann Yeh v. North Carolina State University, et al. Fourth Circuit 2020-07-22 Denied adverse-employment-action civil-rights civil-rights-act employment-discrimination faragher-ellerth faragher-ellerth-rule supervisor-liability title-vii Whether the Faragher and Ellerth 'supervisor' liability rule applies to discrimination and harassment by those whom the employer vests with authority …
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 …
19-732 Richard Natofsky v. City of New York Second Circuit 2019-12-10 Denied ada adverse-employment-action americans-with-disabilities-act burden-of-proof burden-shifting but-for-causation causation-standard civil-rights disability-discrimination employment-discrimination employment-law mixed-motive mixed-motive-causation Whether the Americans with Disabilities Act permits employees to proceed under a mixed-motive causation standard before the burden shifts to employers…
19-269 Harold A. Flores v. Entergy Nuclear Operations, Inc. Second Circuit 2019-08-29 Denied adverse-employment-action burden-of-proof civil-rights employment-discrimination employment-law evidence prima-facie-case quantum-of-evidence retaliation summary-judgment title-vii What quantum of evidence is sufficient to survive summary judgment on a Title VII retaliation claim?
19-135 Pamela J. Smith v. University of Maryland, Baltimore, et al. Fourth Circuit 2019-07-30 Denied Response Waived 1991-civil-rights-act 42-usc-1981 adverse-employment-action civil-rights employment mcdonongh-v-smith retaliation statute-of-limitations Whether retaliation claims under 42 U.S.C. §1981 should accrue at the date of the adverse employment action or the date when the adverse employment de…
18-1401 David D. Peterson v. Linear Controls, Inc. Fifth Circuit 2019-05-07 Granted CVSGAmici (2)Response RequestedResponse WaivedRelisted (3) adverse-employment-action circuit-split civil-rights civil-rights-act eeoc employment-discrimination employment-practices statutory-interpretation terms-conditions-privileges title-vii workplace-discrimination Are the 'terms, conditions, or privileges of employment' covered by Section 703(a)(1) limited only to hiring, firing, promotions, compensation, and le…
18-624 Jinae Rasko v. New York City Administration for Children's Services Second Circuit 2018-11-14 Denied Response Waived adverse-employment-action causal-connection civil-rights corrective-action direct-evidence employment-discrimination hostile-work-environment pretext retaliation title-vii Whether an employer is liable for discrimination under Title VII
18-6644 Jingyuan Feng v. Sheena Komenda, et al. Eighth Circuit 2018-11-08 Denied Response WaivedIFP adverse-employment-action employment-discrimination employment-discrimination,civil-rights,title-vii,p equal-employment performance-evaluation pretext retaliation title-vii Whether the falsified employment performance statements are pretexts or legitimate reasons for the employment decisions
18-6321 Josephloc T. Nguyen v. Kirstjen M. Nielsen, Secretary of Homeland Security Ninth Circuit 2018-10-15 Denied Response WaivedRelisted (2)IFP adverse-employment-action causation civil-rights employment-discrimination mixed-motive protected-activity retaliation title-vii Whether Title VII's retaliation provision requires but-for causation or mixed motive