Tenth Circuit· 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

Cited by

39 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

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.