News & Analysis as of

Retaliation Investigations

U.S. Equal Employment Opportunity Commission...

EEOC Sues Shimmick Corporation for Retaliation

Federal Agency Charges Construction Company Forced Employee to Resign Because She Participated in an Investigation and Opposed Sex Discrimination - CHATTANOOGA, Tenn. – Shimmick Corporation, doing business as Shimmick...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Manatt, Phelps & Phillips, LLP

New Trial for FEHA Plaintiff After Prejudicial Complaints Admitted

Reversing a jury verdict in favor of an employer, a California appellate panel found the trial court erred by allowing the introduction of complaints made by coworkers against the plaintiff....more

A&O Shearman

Top challenges for white collar crime and investigations lawyers in 2024

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We asked our global white collar crime team for their views on the key challenges in 2024 for in‑house investigations teams and white collar crime lawyers, and how to manage the associated risks. Here is what they said. ...more

NAVEX

The Whistleblower Experience – Unpacking the Benefits and Best Practices

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If you find yourself thinking, “there are so many whistleblower stories in the news these days,” you’re not wrong. From historic awards being distributed from the U.S. Securities and Exchange Commission (SEC) to the EU...more

Ankura

Behavioral Misconduct Investigations: Key Challenges and How To Minimize Reputational Impact

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Rarely a day goes by without at least one report of workplace misconduct hitting the headlines globally. In a post-#MeToo era, there is an ever-increasing focus from society on how organizations respond to and deal with...more

McAfee & Taft

Retaliation: The most successful discrimination claim

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A claim of retaliation can be successful even when the original claim of discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information fails to establish a violation of law....more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Bradley Arant Boult Cummings LLP

Attendance Policies, ADA May Be In EEOC's Crosshairs

No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement/Whistleblower Investigation: Florida City Enters into Settlement Agreement Addressing Alleged Retaliation Against...

The Occupational Safety and Health Administration (“OSHA”) issued an April 20th news release stating that it had entered into a Settlement Agreement with the City of Delray Beach, Florida, to address an alleged retaliation...more

Procopio, Cory, Hargreaves & Savitch LLP

Welcome Clarity for Medical Staffs and Healthcare Entities Facing Frivolous or Retaliatory Lawsuits

The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more

StoneTurn

Silence is Not Golden: Five Metrics and a Scorecard for Measuring Speak-Up Culture

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Organizations can’t just *believe* they have a strong speak-up culture. They need to know they do. By following these steps, you can quantify the strength of your internal lines of communication. Originally published in...more

StoneTurn

4 Critical Steps for Responding to Whistleblower Complaints

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In testimony before Congress earlier this year, U.S. Securities and Exchange Commission (SEC) Chairman Gary Gensler reported that the SEC received 46,000 complaints, tips, and/or referrals in fiscal year 2021, which nearly...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

Society of Corporate Compliance and Ethics...

Carrie Penman on Helpline Data Since the Pandemic

NAVEX Global recently released its 2021 Risk & Compliance Incident Management Benchmark Report. It is a document rich in data about what’s going on with helplines and incident management. To understand lessons learned from...more

Wiley Rein LLP

Disclosure of False Claims Act Investigation Not Required by Policy Application Questions

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The United States District Court for the Northern District of Ohio, applying Ohio law, has held that coverage for a retaliation claim under a claims-made directors and officers, employment practices, and fiduciary liability...more

Sherman & Howard L.L.C.

Don’t Taint Your Investigation

The importance of a thorough, independent investigation prior to taking adverse employment action was reaffirmed this week by the Fifth Circuit in Brown v. Walmart. Brown sued her employer, Walmart, for retaliation when she...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Dentons

Iowa Civil Rights Commission Complaint - Initial Determination

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The point that many employers fear - receiving a complaint from the Iowa Civil Rights Commission. An employee has alleged that they have been a subject to discrimination in your workplace....more

U.S. Equal Employment Opportunity Commission...

Lincoln Cemetery Sued by EEOC for Retaliation

Company Terminated a 31-Year Veteran Employee After She Participated in a Discrimination Investigation, Federal Agency Charges - ATLANTA - Lincoln Cemetery, Inc., an Atlanta corporation specializing in interment...more

Proskauer - Whistleblowing & Retaliation

“Reasonable Cause” Standard Highlighted In OSHA’s Revised Whistleblower Investigations Manual

On January 28, 2016, OSHA issued a revised Whistleblower Investigations Manual (“Manual”) outlining procedures for the handling of retaliation complaints under the various whistleblower statutes that OSHA oversees. Chapter 3...more

Proskauer - Government Contractor Compliance...

Health Insurer Settles OFCCP Retaliation Allegations for $372,000

A health insurance provider in Massachusetts has agreed to pay $372,739 to resolve an Office of Federal Contract Compliance Programs (OFCCP) investigation into claims of discrimination and retaliation....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Investigation Is the Thing

As highlighted in our earlier blog post, a company’s response to a whistleblower complaint is the key to how the company will fare going forward....more

Littler

Minnesota Legislature Modifies Whistleblower Statute

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On May 24, 2013, Minnesota Governor Mark Dayton signed into law a bill that the plaintiff's bar is likely to argue expands the scope of whistleblower protections for both public and private sector employees under the...more

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