News & Analysis as of

Law Enforcement Employer Liability Issues

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

U.S. Virgin Islands Enacts Fair Chance for Employment Act

On June 24, 2024, the Legislature of the Virgin Islands overrode Governor Albert Bryan Jr.’s veto of the Fair Chance for Employment Act. The act is intended to prohibit the automatic disqualification of applicants based upon...more

Bond Schoeneck & King PLLC

The New York State Law Enforcement Misconduct Investigative Office: What Law Enforcement Agencies Need to Know

In June 2020, the New York Legislature enacted Article 5, Section 75 of the New York Executive Laws, which established the Law Enforcement Misconduct Investigative Office (LEMIO). In response to the nationwide protests...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Littler

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

Littler on

In March 2019, in response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any...more

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

Louisiana Appellate Court Extends Whistleblower Protections to Compliance Officers

The Louisiana First Circuit Court of Appeal recently held in Derbonne v. State Police Commission, No. 2019 CA 1455 (October 14, 2020), that an employee whose duties require that he or she report violations of state law is not...more

Seyfarth Shaw LLP

Illinois State Police Provide Training on Active Shooter, Workplace Violence

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Seyfarth Synopsis: In its introduction to its New Active shooter training materials, the Illinois State Police note that “civilians that are present at any given incident are the true first responders.”...more

Perkins Coie

New Biometrics Lawsuits Signal Potential Legal Risks in AI

Perkins Coie on

In the last week, a new type of BIPA case has emerged that should be of interest to companies involved in using, improving, and developing facial recognition and other artificial intelligence (AI) using photos. Companies that...more

Stokes Wagner

Immigration and Customs Enforcement ("ICE") Audits: Are You Ready?

Stokes Wagner on

As you may have heard, Immigration and Customs Enforcement (“ICE”) plans to begin the previously postponed raids across the country starting this Sunday (7/14/19). From what we can gather, ICE plans to target at least 10...more

Rumberger | Kirk

No Longer A Mess: En Banc Eleventh Circuit Clarifies the Standard for Similarly Situated Comparators

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Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more

Seyfarth Shaw LLP

Massachusetts High Court Finds Failure to Grant Lateral Transfer May Be Discrimination

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Seyfarth Synopsis: On January 29, 2019, the Massachusetts Supreme Judicial Court held that the failure to grant a lateral transfer may be the basis of a discrimination claim under Massachusetts anti-discrimination law where...more

Brooks Pierce

The impact of society’s demands for transparency on internal investigations and their investigators

Brooks Pierce on

There has been much attention — and rightfully so — on the impact of the #MeToo movement within the workplace. That impact has significantly changed employment policies and practices from large national corporations to small...more

Burr & Forman

11th Circuit Clarifies “Similarly Situated” Standard for Discrimination Claims

Burr & Forman on

On March 21, 2019, a 9-3 en banc majority announced that a plaintiff proceeding under the McDonnell Douglas framework must demonstrate as a part of her prima facie case that she and her comparators are “similarly situated in...more

Littler

UK Plaintiff – a White, Straight Man Not Selected for a Job – Prevails in Discrimination Claim

Littler on

I’m sure readers saw the title of this article and thought “what!? White straight men are the most represented group in businesses!” Nonetheless, an employment tribunal in the United Kingdom recently held that a strong...more

FordHarrison

Eleventh Circuit Clarifies Standard for Identifying Comparators in Title VII and ADA Discrimination Cases

FordHarrison on

On March 21, 2019, in Lewis v. Union City, No. 15-11362, the U.S. Court of Appeals for the Eleventh Circuit (1) clarified the proper standard for the comparator analysis in intentional discrimination cases under the McDonnell...more

K&L Gates LLP

K&L Gates Triage: When the Feds Come Knocking on Your Door

K&L Gates LLP on

In this episode, Michael McKay and Carla DewBerry discuss the practical implications of responding to an investigative inquiry by governmental officials. In particular, entities that find themselves as the subject of a...more

Littler

A New Cause of Action: Massachusetts High Court Rules That Denying A Lateral Transfer Request Could Constitute Discrimination

Littler on

On January 29, 2019, the Massachusetts Supreme Judicial Court held that failing to grant a lateral transfer for discriminatory reasons may constitute an “adverse employment action” that violates Massachusetts law, G.L. c....more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Dickinson Wright

Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions

Dickinson Wright on

On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of...more

Seyfarth Shaw LLP

Manhattan District Attorney’s Office Forms New “Work-Related Sexual Violence Team”

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In further demonstration of how law enforcement is being faced with new challenges in light of the recent attention paid to work-related sexual violence, Manhattan District Attorney Cyrus R. Vance, Jr., just announced a new...more

Holland & Knight LLP

New Procedures for Handling Juvenile Police Records for Illinois Municipalities

Holland & Knight LLP on

• Public Act 100-0285, recently signed into law, amends the Illinois Juvenile Court Act. The amendment prohibits law enforcement agencies from disclosing records involving minors who commit ordinance violations. • The...more

Franczek P.C.

Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim

Franczek P.C. on

A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave. The Pregnancy...more

Seyfarth Shaw LLP

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

Proskauer - Whistleblowing & Retaliation

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

Holland & Knight LLP

The New FBI Study on Active Shooters – Is Your Workplace Safe?

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The FBI's much anticipated study of active shooter incidents in the United States between 2000 and 2013 was released at the end of 2014. This federal study is the first of its kind and its findings are eye-opening, dispelling...more

Pullman & Comley - Labor, Employment and...

Connecticut Supreme Court Rules That A Lying Police Officer Must be Reinstated Because His Lies Were Not “So Egregious.”

Should a police officer who was terminated for lying to the Town of Stratford’s independent physician about his alcohol abuse and epilepsy be permitted to return pursuant to an arbitration panel’s determination that a...more

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