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Category Archives: Associational Retaliation

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Florida Private Sector Whistleblower Must Show Actual Violation of Law

By Steven J. Pearlman and Jurate Schwartz on Posted in Associational Retaliation, State-Specific Whistleblower Claims
The Middle District of Florida recently held that to establish a prima facie case under the Florida Private Whistleblower Act (FWA), § 448.102(3), Fla. Stat., a plaintiff must show an actual violation of a law, rule or regulation. Graddy v. Wal–Mart Stores E., LP, No. 5:16-CV-9-OC-28PRL (M.D. Fla. Feb. 14, 2017).… Continue Reading

Sixth Circuit: Failure to Exhaust Administrative Remedies Not A Jurisdictional Bar For Title VII Retaliation Claim

By Steven J. Pearlman, Harris Mufson and Noa Baddish on Posted in Associational Retaliation
On August 13, 2013, the Sixth Circuit reinstated a retaliation claim under Title VII, reversing the dismissal of the claim on jurisdictional grounds for failure to exhaust administrative remedies with the EEOC.   Adamov v. U.S. Nat’l Bank Assoc., No. 12-cv-6114 (6th Cir. 2013).  … Continue Reading

Political Affiliation & Protected Speech Retaliation – Sixth Circuit Widens Circuit Split

By Michael J. Graham and Steven J. Pearlman on Posted in Associational Retaliation
The Sixth Circuit recently held that Michigan state employees could base First Amendment political-affiliation and protected-speech retaliation claims on their perceived political affiliations, even absent actual affiliations with the party in question.  Dye v. Office of the Racing Comm’n, No. 11-cv-1828 (6th Cir. Dec. 18, 2012).   It’s important for government and private employers alike to … Continue Reading

“Associational Retaliation” Actionable, But Claim Still Booted

By Amanda Wiley and Steven J. Pearlman on Posted in Associational Retaliation
The U.S. District Court for the Northern District of Illinois granted a company summary judgment on an “associational retaliation” claim brought under Title VII by a temporary worker claiming the company ended her assignments because her (late) husband, who was an employee of the company, complained of discrimination.  Wilcox v. The Allstate Corp., No. 11-cv-814 (N.D. … Continue Reading
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