In January, the First Circuit ruled that a plaintiff sufficiently alleges protected activity under the FCA whistleblower protection provision where he or she claims to have reported concerns about an employer’s conduct that could reasonably lead to a viable FCA action.
The case is a reminder about the importance of having effective internal procedures for handling, investigating and responding to complaints.
Longtime USTA chair umpire Tony Nimmons alleges discrimination on the basis of race, failure to take remedial action, and retaliation after internal and EEOC complaints.
Effective July 1, 2018, New Jersey employers are prohibited from offering or compensating women and minorities at lower pay and benefits rates unless employers can demonstrate a bona fide reason under the law why the rate differential exists.
The application of a lower causation standard to FMLA retaliation claims will most likely make it harder for employers in the Second Circuit to get such claims dismissed at the summary judgment stage.