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Plausible allegations of assault and battery against supervisor who ‘forced his knee’ between employee’s buttocks

January 18th, 2018

By Marjorie Johnson, J.D.
A male server who claimed he suffered sexual harassment by the male head chef, which included a comment suggesting oral sex and allegations that the chef grabbed him from behind and forced his knee between his buttocks, plausibly alleged a claim of assault and battery against the chef but not the employer. [Read more...]


Wal-Mart need not accommodate employee after transfer when he had already been accommodated for 15 months

January 18th, 2018

By Lisa Milam-Perez, J.D.
Although a Wal-Mart parts clerk’s functional limitations following a stroke had been accommodated for 15 months, he was unable to advance past summary judgment on his disability discrimination claims arising from his termination following his transfer to a new position. The employee was unable to perform in the new position, and the [Read more...]


Title VII administrative exhaustion is affirmative defense, need not be pleaded in complaint

January 17th, 2018

By Marjorie Johnson, J.D.
Because administrative exhaustion under Title VII is an affirmative defense that need not be pleaded by a plaintiff, the Second Circuit revived a pro se employee’s Title VII claims of race discrimination as well as his supplemental state-law claim of negligent infliction of emotional distress. However, in a separate concurrently filed summary [Read more...]


Giving boss advice about disclosures does not a SOX whistleblower make

January 17th, 2018

By Rodney F. Tonkovic, J.D.
A Seventh Circuit panel has affirmed a district court’s ruling that a former CEO who complained to his own company’s board was not a whistleblower entitled to protection from retaliation. The CEO argued that the Dodd-Frank Act protects those who make disclosures protected by the Sarbanes-Oxley Act, even if they are [Read more...]


Particularity requirement doesn’t apply to FCA retaliation pleadings; reprisal claim reinstated

January 17th, 2018

By Lindsey Firnbach, J.D.
A False Claims Act (FCA) retaliation claim brought by a former employee of a rehabilitation center survived a motion to dismiss, despite the dismissal of her underlying allegations of a FCA violation and her wrongful discharge claim. Although the employee failed to plead sufficient, particular facts that a FCA violation occurred, the [Read more...]