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 | 1. Whether The Eleventh Circuit Court of Appeals erred in essentially holding in conflict with The Ninth Circuit Court of Appeals that a violation of … |
| 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 | 1. Whether Title VII's retaliation provision and similarly worded statutes require a plaintiff to prove but-for causation (i.e., that an employer woul… |
| 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 | Question not identified. |
| 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 | This Court has frequently reversed erroneous denials of qualified immunity before trial, especially when lower courts have defined clearly-established… | |
| 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 (DC-3443-22-0386-1-1) which was about DIA wrongfully dismissing and ignoring my… |
| 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 professed motivating factor in taking adverse action against a whistleblower employee under the Safe Drinking Water Act and the … |
| 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 | Where is the initial performance upon which grounds the agency fired me for this employer's adverse action after my alleged failure of the so called i… |
| 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 | 1. Is the Fifth Circuit restrictive doctrine "ultimate adverse employment action ", in conflict with the protections and provisions intended by Cong… |
| 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 | (i) Whether the four discrete events Petitioner raised in opposing Respondents' Motion for Summary Judgment constituted adverse actions in accordance … |
| 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 | The plaintiff in a Title VII retaliation case must "establish that his or her protected activity was a but for cause of the alleged adverse action by … |
| 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, retaliating against, denying accommodations, and taking adverse act… |