How the Rise in Undercover Investigations is Changing the Law
A Moment of Simple Justice - A Prosecutor's Duty
A Moment of Simple Justice - Undercover Lover
Trial by Jury: Why It Matters in a Democratic Society
A Moment of Simple Justice - Stop Talking
Waldman: Stop Immunizing Websites That Allow Harassment
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
A Moment of Simple Justice - Snitching Ain't Easy
Bringing a Lawsuit to Find Out What Happened and Why
A Moment of Simple Justice - Death by Cop
A Moment of Simple Justice - Ferguson & the Media
A Moment of Simple Justice - Revenge Porn
The Evolution of Informed Consent in U.S. Courts
FCPA Compliance and Ethics Report-Episode 71-World Cup Report-Part IV
Why Does BigLaw Have So Few Black Partners?
Friedman: Abramson Dismissal a 'Teachable Moment' for Companies
New Program Helps Women Lawyers Return to BigLaw
A More Perfect Union: Why Punish Russia for Crimea?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
In modern employment litigation, the employer’s ultimate goal is to prevail at summary judgment, thereby avoiding the expense of trial and the unpredictability of a jury. A recent decision from the Fourth Circuit Court of...more
Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Allstate Insurance Co., No. 2-01-cv-07402 (3d Cir. Feb. 13, 2015), the Third Circuit affirmed that the defendant did not violate federal anti-retaliation laws...more
Chiara v. Town of New Castle, (N.Y. App. Div., 2d Dep’t Jan. 14, 2015): A recent decision by the New York Appellate Division, Second Department, held that a plaintiff claiming religious discrimination under the New York State...more
On February 6, the SEC filed its third amicus brief defending its interpretive rule on Dodd-Frank’s anti-retaliation provision, 15 U.S.C. §78u-6(h)(1). The impetus is a ruling out of the Southern District of New York in...more
On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to...more
The Federal False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the “relator”) seeks to sue on behalf of the Government. One of these, the...more
In an amicus brief filed earlier this month in Berman v. Neo@Ogilvy LCC, the SEC asked the Second Circuit to defer to the Commission and hold that individuals who report misconduct internally are covered by the...more
In Celia Greengrass v. International Monetary Systems, Ltd., 2015 WL 137891, (7th Cir. Jan. 12, 2015), the Seventh Circuit relied in part on the fact that an employer identified a former employee by name in its discussion of...more
2014 saw a wide range of employment issues presented before the 11th Circuit. This article seeks to highlight some of the more frequently cited 11th Circuit opinions from last year. The updates below, although not earth...more
The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity...more
Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2105), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the...more
On February 11, 2015, the New Jersey Supreme Court, in Aguas v. New Jersey, decided three important legal issues regarding employment discrimination claims under the New Jersey Law Against Discrimination (“LAD”).
The California Court of Appeal for the State of California, Second Appellate District upheld the City of Santa Monica's ("City") award of summary judgment in Nealy v. City of Santa Monica (Cal. Ct. App., Jan. 21, 2015,...more
The South Carolina House of Representatives last week adopted the South Carolina Pain-Capable Unborn Child Protection Act, several ethics reform measures, and revisions to the South Carolina Whistleblower and Public Employee...more
Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more
The federal Americans with Disabilities Act prohibits discrimination in employment against a qualified individual on the basis of disability, and discrimination includes failing to make a reasonable accommodation. The...more
Welcome to Reed Smith’s monthly global employment law blog post. This month’s post covers the protection afforded to whistleblowers around the world.
Under French law, employees cannot be sanctioned,...more
Growing up a Yankee fan, I hated Wade Boggs, the third baseman for the Boston Red Sox. (Never mind for the moment that Boggs later played for the Yankees.) Boggs controlled the tone of the game because he controlled the...more
What’s an employer to do when a disabled employee has repeated opportunities to ask for an accommodation but doesn’t act on them? In a recent case, a federal court in Texas ruled that the employer was justifiable in...more
In Nayif v The High Commission of Brunei Darussalam  EWCA Civ 1521 the Court of Appeal allowed a personal injury claim to be pursued in the High Court, even though a discrimination claim based on the same facts was...more
In a unanimous decision, the Supreme Court of the Virgin Islands held that the Wrongful Discharge Act (WDA) provides a remedy not only when an individual is discharged or resigns under circumstances that are alleged to...more
On February 11, 2015, the New Jersey Supreme Court issued a significant sexual harassment decision that offers something positive for both employers and employees.
Employers will be happy that the Court has, after...more
On February 6, 2015, the Supreme Court of the Virgin Islands issued a decision that addresses several aspects of territorial laws prohibiting discrimination and limiting the permissible reasons for discharging employees....more
In the health care industry the line between attorneys and risk managers is often blurred. That’s only natural because a key duty of risk management is to avoid and mitigate legal liability. And it’s increasingly common for...more
The New Jersey Supreme Court recently ruled that an employer may assert an effective and enforced anti-harassment policy as an affirmative defense in cases brought against the employer alleging that a supervisor engaged in...more
Find a Civil Rights Author »
Back to Top