Category Archives: Title VII

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ARB Rejects SOX Claim Due to Complainant’s Harassment

The ARB recently affirmed a motion for summary decision against a Complainant claiming retaliatory discharge under SOX, finding that he failed to demonstrate that he engaged in protected activity and that the Company would have discharged him in the absence of any protected activity given his misconduct. Latigo v. ENI Trading & Shipping, 2018 DOL … Continue Reading

N.D. Ill. Denies Employer Summary Judgment On Retaliation Claim, Stressing Shifting Explanation For Discharge

The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented, particularly the employer’s purportedly shifting explanation regarding its reason for terminating her employment.  Wessman v. DDB Chicago Inc., No. 12-cv-6712 (N.D. Ill. Oct. 29, … Continue Reading

Law360 Quotes Steve Pearlman on Landmark Supreme Court Ruling Regarding Title VII Retaliation Standard

In a Law360 article (subscription required), Steven J. Pearlman, co-head of Proskauer’s Whistleblower & Retaliation Group, recently commented on the U.S. Supreme Court’s landmark decision in University of Texas Southwestern Medical Center v. Nassar, No. 12-484 (June 24, 2013), adopting a “but-for” causation standard for Title VII retaliation claims.  In so ruling, the Court rejected, … Continue Reading
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