News & Analysis as of

Employment Discrimination Internal Investigations

Dechert LLP

Internal Investigations: A Cross-Country Perspective

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Navigating the complexities of internal investigations is crucial for maintaining compliance and fostering a safe workplace environment. In this Q&A guide, Dechert’s labor and employment team provides a comprehensive...more

Proskauer Rose LLP

No Good Deed Goes Unpunished: When Employers’ Good Intentions Inadvertently Create Increased Risk

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Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more

Pillsbury Winthrop Shaw Pittman LLP

NRC Board Rules on Adverse Employment Actions in Discrimination Cases

Nuclear Regulatory Commission’s Atomic Safety and Licensing Board finds that investigating an employee’s discrimination complaint does not, in itself, constitute a violation under the NRC’s employee protection regulations. ...more

CDF Labor Law LLP

[Webinar] Internal Investigations & The Power Dynamics in the Healthcare Setting - October 4th, 10:00 am - 11:00 am PST

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Employment relationships in the healthcare industry are notoriously complex. Due to the intense work environment, heightened stressors due to the COVID pandemic, and the racial injustice movement, employers in the healthcare...more

Laner Muchin, Ltd.

Seventh Circuit Reiterates Who is “Similarly Situated” for Purposes of Title VII Claims

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In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more

Oberheiden P.C.

10 Reasons to Hire a Corporate Private Investigator

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Corporate investigations can serve a variety of different purposes. From uncovering accounting fraud to responding to cybersecurity breaches and preparing for litigation, there are various circumstances in which corporate...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on EEOC

New EEOC Conciliation Process Promotes Even Playing Field for Employers - The U.S. Equal Employment Opportunity Commission (EEOC) has published a new proposed rule that would update the Commission’s conciliation process...more

Littler

Ontario, Canada: Human Rights Tribunal Provides Guidelines on Conducting Sexual Assault Investigations

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In a recent Human Rights Tribunal of Ontario (HRTO) decision, an employee alleged her supervisor sexually assaulted her. The HRTO’s analysis of the poorly handled workplace investigation that ensued provides meaningful...more

Littler

Legislative Highlights for Oregon Employers in 2020

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Oregon’s active 2019 legislative session has prompted the need for several policy and handbook updates for employers doing business in Oregon.  This Insight provides an overview of the most notable recent employment law...more

Jaburg Wilk

What Should You do if You are Being Harassed at Work?

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The first thing employees need to know is that not all harassment and discrimination is unlawful. Arizona is an at-will employment state, which means that an employee can legally be terminated (or harassed) for any reason or...more

Stoel Rives - World of Employment

Oregon Supreme Court Affirms That Employers Can Be Liable for Post-Employment Retaliation

Oregon employers should be aware of the Oregon Supreme Court’s recent decision in McLaughlin v. Wilson, 365 Or 535, __ P3d __ (2019).  In McLaughlin, the court was asked to decide the scope of ORS 659A.030(1)(f), which makes...more

Parker Poe Adams & Bernstein LLP

Failure to Date Reorganization Memos Does Not Defeat Summary Judgment

When we respond to allegations of employment discrimination, reconstructing the timeline of events is crucial. In these situations, the parties often agree what happened (i.e., the employee was terminated). Where they differ...more

Fisher Phillips

Just (Don’t) Do It: Oregon Supreme Court Warns Against Cat’s Paw Retaliation

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The Oregon Supreme Court just revived a whistleblower retaliation claim filed against sportswear giant Nike by adopting for the first time a novel legal concept known as the “cat’s paw” theory. The July 18 opinion opens new...more

Jaburg Wilk

The #1 Mistake Arizona Employers Make When Responding to Complaints of Discrimination or Harassment

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It is important that Arizona employers know how to properly respond to complaints of unlawful discrimination or harassment, particularly in light of the MeToo movement. Each year, I consult with employees seeking legal advice...more

Seyfarth Shaw LLP

Sixth Circuit Denies Review Of Judgment Favoring Former Employee In Retaliation Claim Under The Mine Act

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Seyfarth Synopsis: The Sixth Circuit recently upheld an administrative decision in favor of a miner’s whistleblower complaint, further underscoring the need for mine operators to implement strong anti-retaliation policies and...more

Fisher Phillips

EEOC Sees Sexual Harassment Statistics Explode In Past Year

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The Equal Employment Opportunity Commission (EEOC) just released its preliminary findings examining sexual harassment in the workplace over the past year, and, in wake of the #MeToo movement, no one should be surprised to see...more

Proskauer - Labor Relations Update

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

Hinshaw & Culbertson LLP

The Cat Fights Back: 7th Circuit Discusses Cat's Paw Theory Post-Staub

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In 2011, the United States Supreme Court made the"cat's paw" theory of liability significantly easier for employees to prove. An employee can establish a cat's paw theory of liability in an employment discrimination suit when...more

Foley & Lardner LLP

“Cat’s Paw” – Or Perhaps “Tiger’s Paw” Theory Now

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For those interested in the origin, the term “cat’s paw” derives from a fable of a monkey who employs flattery to convince a cat to pull chestnuts out of a fire. Today the term commonly refers to a person used unwittingly or...more

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