adverse-employment-action

28 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-1014 Laith Saud v. DePaul University Seventh Circuit 2026-02-24 Pending adverse-employment-action but-for-causation pretext race-discrimination summary-judgment title-ix-investigation 1. Whether a discriminatory Title IX investigation— whose findings are relied upon by a decisionmaker to impose concrete employment consequences—can …
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 A. Did the courts below properly apply SCDOT zero tolerance harassment policies. Title VII , EPA, ADE A, ADA, EEOC harassment & hostile work environme…
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 1. Whether a complaint in an employment discrimination lawsuit must contain specific facts that establish a prima facie case of discrimination? 2. Wh…
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 The Family and Medical Leave Act makes it "unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, …
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 1. Does an employer violate Title VII when it terminates a physician's employment based on an accusation of sex discrimination that the employer knows…
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 Question not identified.
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 Question not identified.
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 1. Whether, considering the "cat's paw " employment theory in what circumstances, an employer can be liable for racial and sex discrimination in viola…
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? Can…
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 1. Whether the lower courts have departed from the accepted and usual course of judicial proceedings by refusing to provide Petitioner the record on a…
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 1. Whether the Ninth Circuit erroneously determined that a student cannot state a retaliation claim under Section 504 of the Rehabilitation Act and Ti…
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 (42 U.S.C. § 2000e et seq.), in which there is no direct evidence of discrimination, must th…
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 A jury returned a verdict for petitioner on her age discrimination and retaliation claims. The district court upheld the verdict, finding that a reaso…
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 One: In Franco v. MV Transportation, Inc., 2019 Cal. Wrk. Comp. P.D. LEXIS 120 the panel held that injured workers may make a prima facie sho…
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 failure-to-accommodate claim under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12112(a), must show that t…
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 1. Whether, under federal equal pay laws, the employer unlawfully discriminated against a female employee by failing to apply its salary equity adjust…
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 1. Whether the prohibition in Title VII of the Civil Rights Act of 1964 against em ployment discrimination was violated because of my race, age encomp…
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 Weather, as the Second, Fourth, and Ninth Circuits have held, the Faragher and Ellerth "supervisor" liability rule (i) applies to discrimination, hara…
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 …
19-732 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 - here, that defendant Entergy retaliated against …
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 1) Whether, in light of this Court's recent decision in McDonough v. Smith, 588 US __(2019) and the Civil Rights Act of 1991, retaliation claims under…
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 I. Whether an employer is liable for discrimination under Title VII, when: There are DIRECT EVIDENCES of discrimination, including the evidence of PRE…
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. Whether exceptionally placin…
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 and similarly worded statutes require a plaintiff to prove but-for causation (i.e., that an employer would n…