The Sixth Circuit held yesterday in Vander Boegh v. EnergySolutions, Inc. that a job applicant is not considered an “employee” under the False Claims Act and the Energy Reorganization Act, and therefore cannot avail himself of the Acts’ retaliation provisions. The plaintiff, a former landfill manager who had reported environmental violations at his prior job, alleged … Continue Reading
The Sixth Circuit recently published yet another opinion to clarify the role of temporal proximity in the analysis of an employee retaliation claim. When an employee engages in protected activity, such as reporting unlawful harassment, and faces an adverse employment action shortly thereafter, the “temporal proximity” between the two events serves as evidence of causation … Continue Reading
In Bobo v. United Parcel Service, Inc., the Sixth Circuit ruled that the district court erred in its management of discovery related to Walleon Bobo’s discrimination and retaliation claims brought against UPS. Bobo, an African-American supervisor for UPS and a longstanding member of the Army Reserve and a combat veteran, was terminated in May 2007 … Continue Reading
