· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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