Melissa Hammock

Melissa Hammock

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Testing the Limits of Employee Privacy: Ninth Circuit Allows EEOC To Obtain Extensive Personal Information About Employees Despite...

The Ninth Circuit recently held that during the course of an investigation, the EEOC can force employers to produce “pedigree information” (i.e., name, telephone number, address, and Social Security number) of applicants and...more

11/23/2015 - EEOC Employee Privacy Rights Investigations Personal Data Popular Request For Information

EEOC Rules that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

On the heels of the landmark decision by the Supreme Court in favor of gay marriage, the EEOC held on July 15, 2015 that sex discrimination under Title VII includes discrimination on the basis of sexual orientation. Even...more

7/29/2015 - EEOC ENDA Executive Orders Federal Employees Gay Rights Job Promotions LGBT OFCCP Same-Sex Marriage SCOTUS Sex Discrimination Sexual Orientation Sexual Orientation Discrimination Title VII

New Law Puts California Businesses On The Hook For Wage And Workers’ Compensation Claims By Temporary Workers Employed By Staffing...

A new law exposes California businesses to potential liability for claims by temporary workers. On September 28, 2014, Governor Brown signed into law AB 1897, which created California Labor Code § 2810.3. The new law requires...more

10/8/2014 - Contractors Employee Rights Employer Liability Issues Temporary Employees Wage and Hour Wages

Unpaid, but Not Unprotected: New York City Extends Human Rights Law to Protect Interns

As reported by us in recent blog articles (Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No Class Certification for Unpaid Interns and The High Cost of Hiring Unpaid Interns), employment issues...more

5/7/2014 - Discrimination Employee Rights Employer Liability Issues Harassment Internships New Amendments NYCHRL Unpaid Interns Wage and Hour

Off the Playground, Out of the Locker Room, and into the Office: How to Combat Workplace Bullies

The Miami Dolphins recently have come under intense scrutiny amid allegations that coaches encouraged defensive guard Richie Icognito to bully teammate Jonathan Martin in an effort to “toughen” him up. The alleged bullying...more

11/27/2013 - Anti-Harassment Policies FEHA Internal Controls NFL NLRA OSHA Richie Incognito Workplace Bullying

U.S. Supreme Court Adopts a Narrow Definition of a Supervisor in Harassment Claims

Resolving a split among the circuits, the U.S. Supreme Court held that a “supervisor” for Title VII harassment liability is limited to those who have the power to take a tangible employment action against the alleged victim...more

6/27/2013 - EEOC Harassment Hiring & Firing SCOTUS Supervisors Title VII Vance v. Ball State University

U.S. Supreme Court Rejects the Mixed-Motive Analysis in Retaliation Claims

The U.S. Supreme Court held on Monday that a plaintiff alleging retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that retaliation was the “but-for” reason for an adverse employment...more

6/27/2013 - But For Causation Discrimination Race Discrimination Religious Discrimination Retaliation SCOTUS Title VII UT Southwestern Medical v Nassar

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