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‘Plausible’ that teacher provided negative job references after student rejected his sexual advances

June 19th, 2017

By Kathleen Kapusta, J.D.
Noting that courts have struggled to draw the line between speculative allegations and those sufficiently plausible to survive dismissal, and that the Supreme Court has provided “scant guidance for drawing that elusive line,” the Second Circuit, applying the standard instructed by Iqbal, found plausible a graduate music student’s retaliation claim against his [Read more...]


Trump signs bill to expand federal employee whistleblower protections

June 19th, 2017

By Pamela Wolf, J.D.
On June 14, the White House announced that President Trump has signed into law the Follow the Rules Act, which would address what proponents see as a misinterpretation of the Whistleblower Protection Act by the Federal Circuit Court of Appeals in Rainey v. Merit Systems Protection Board . The bipartisan legislation, H.R. [Read more...]


Whistleblower shows link between report he was pressured to falsify data and firing

June 19th, 2017

By Lorene D. Park, J.D.
A general manager’s comment to a lab-quality technician that “we’re all going to be on the street—no, you’re going to be on the street” if the employee refused to get “creative” and falsify test results forecasted how the employer would respond if the employee refused, concluded the Eighth Circuit, reversing summary [Read more...]


FedEx objectors didn’t improve settlement by retaining own counsel, so fees denied

June 16th, 2017

By Lorene D. Park, J.D.
A federal court in Indiana that has overseen high stakes multidistrict litigation (MDL) against FedEx for over a decade refused to grant a $388,006 attorneys’ fee request by class representatives who retained their own counsel to litigate their objections to an approved class settlement of the New Jersey case. The case [Read more...]


Age discrimination is a barrier to both hiring and further economic growth

June 16th, 2017

By Pamela Wolf, J.D.
At a meeting on June 14, experts told EEOC Commissioners that persistent age discrimination and stereotypes about older workers continue to channel older workers out of the workforce, limiting further economic growth. At the meeting, entitled, “The ADEA @ 50—More Relevant Than Ever,” Acting EEOC Chair Victoria A. Lipnic, observed, “With so [Read more...]