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HR rep’s disclosure of confidential info to help sister’s lawsuit not protected activity

March 5th, 2015

By Lorene D. Park, J.D.
Explaining that “breach of employer confidentiality policies in order to obtain evidence for a discrimination suit does not constitute protected activity,” a federal district court in Pennsylvania rejected an HR employee’s claim that one stated reason for her termination—her disclosure of confidential information about applicants—was not direct evidence of retaliation. Nor [Read more...]


Reprimand including allegedly false statements was not adverse action

March 5th, 2015

By Lorene D. Park, J.D.
A long-time city employee who walked off the job after a new sheriff gave her an upsetting written reprimand, which she claimed contained false statements and was issued in retaliation for her complaints over policy changes, failed to make out a prima facie case of retaliation because the reprimand was not [Read more...]


Class decertified in suit alleging Nextel and law firm colluded in settling bias claims

March 5th, 2015

By Brandi O. Brown, J.D.
Ruling that individualized inquiries predominated given the need to apply the law of several states, the Second Circuit held a district court erred in certifying a class of Nextel employees who sued their employer as part of a lawsuit against the plaintiffs’ firm that represented them in resolving underlying discrimination claims [Read more...]


Hospital’s ‘race-matching’ at patient’s request discriminatory even without animus

March 5th, 2015

By Kathleen Kapusta, J.D.
A hospital discriminated against an African-American nurse when it refused to allow her to care for a patient based solely on the color of her skin, a federal district court in Florida ruled, finding that it did not matter whether the refusal came about because the patient or her family requested only [Read more...]


Company itself allegedly approved fraudulent billing, reviving state whistleblower suit

March 5th, 2015

By Joy P. Waltemath, J.D.
Reversing the dismissal with prejudice of a company general manager’s state law whistleblower complaint, the Fifth Circuit found his complaint alleged that the company itself, and not just a few rogue coworkers, violated state law by fraudulently billing a client. Further, the alleged double-billing violated state law, and not only did [Read more...]