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· 6/4/2013

Lockheed Martin Corp. v. Administrative Review Board

Citations

  • 717 F.3d 1121
  • 35 I.E.R. Cas. (BNA) 1516
  • 2013 CCH OSHD 33,302
  • 2013 WL 2398691
  • 2013 U.S. App. LEXIS 11159
  • 97 Empl. Prac. Dec. (CCH) 44,840

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, for the federal WPA, an employee' suffered adverse personnel action in the form' of a discharge
  • concluding that an em- ployee could have been constructively discharged in part because she “was told she would be … considered for a layoff and kept in a con- stant state of uncertainty as to whether she would continue to have a job”
  • tailoring \cat's paw\ theory to retaliation claim brought under Sarbanes-Oxley Act by requiring the less onerous contributing-factor causation
  • remanding to the Board in part to delineate the amounts of back wages, medicar expenses, and attorneys’ fees
  • noting that the review standard under the APA “does not allow a court to displace the agency’s choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo”
  • “Establishing a constructive discharge claim requires the showing of an even more offensive and severe work environment than is needed to prove a hostile work environment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Holloway, Murphy, O'Brien

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.