Complaint Procedures

News & Analysis as of

Don’t argue; the client is always right even when they are not

Over the years that I have defended broker-dealers and investment advisors on customer-initiated claims, I have seen many things that would make any compliance officer cringe. One spine tingling (not in the good way) type of...more

Poor Policy Publication Revives Sexual Harassment Suit in the Fifth Circuit

Maintaining a company anti-harassment policy on a bulletin board and website is not enough to avoid liability for sexual discrimination according to a recent decision. On July 20, 2016, the Fifth Circuit Court of Appeals...more

Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies

A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more

Keys to crafting an effective response to an EEOC discrimination charge

Once the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from a current or former employee, the Commission begins gathering information about their allegations of discriminatory treatment....more

New FEHA Regulations: Understanding California’s New Requirements for How Employers Handle Employee Complaints

New California regulations require that employers write discrimination, harassment and anti-retaliation policies which include extensive complaint management and investigation procedures. Snapshot - - What has...more

California Employers: New Requirements In Effect April 1, 2016. Is Your Harassment/Discrimination Policy Ready?

On April 1, 2016, recent changes by the California Fair Employment and Housing Council to the regulations implementing the state’s Fair Employment and Housing Act (FEHA) took effect. Among the changes are an expanded training...more

New California Regulations Regarding Discrimination, Harassment and Pregnancy Disability Leave

New California anti-discrimination, anti-harassment, and pregnancy disability leave regulations went into effect on April 1, 2016.  The substantive law regarding these issues has not changed.  However, the new amendments...more

Amended California FEHA Regulations Take Effect on April 1 and Impose New Requirements on Employers

On April 1, 2016, amendments to California's Fair Employment and Housing Act (FEHA) regulations, dealing with the prevention of discrimination, harassment and retaliation, go into effect. The amendments place an affirmative...more

New Anti-Harassment and Discrimination Regulation Sends California Employers Scrambling to Revise Policies and Practices by April...

Just as we thought it was safe to put away our handbooks and policies until 2017, California lawmakers threw a last minute zinger at employers. Effective APRIL 1, 2016, a new regulation under California’s Fair...more

The New California Regulations Part III Sexual Harassment and Abusive Conduct Training

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

Employment Law Reporter - March 2016

On April 1st, new regulations adopted under the Fair Employment and Housing Act (FEHA) take effect that require California employers of at least 5 individuals to develop written discrimination, harassment, and retaliation...more

Shorter May Be Better: Adapting To The EEOC’s New Position Statement Procedures

You’ve seen the headlines — the Equal Employment Opportunity Commission (“EEOC”) is changing the way Position Statements are handled during the course of an investigation – but what does it mean and is it really that big of a...more

This Is Not a Prank: California’s New Amended FEHA Regulations Are Effective April 1

California’s Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in the workplace that is based on one or more of the categories commonly protected by local, state and federal discrimination laws....more

EEOC's New Procedure Provides Position Statements to Charging Parties

For the past few decades, information provided to the Equal Employment Opportunity Commission ("EEOC" or "Commission") has been protected from disclosure during the pendency of an investigation and to some degree after the...more

Post that policy: California FEHA amended regs take effect April 1, 2016

On April 1, 2016, amended regulations under the California Fair Employment and Housing Act will take effect. Any employers with employees in California should make sure they are in compliance with the new regulations...more

OSHA Releases Final Dodd-Frank Whistleblower Regulations

OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”).  The following are the key features of the rule...more

Amended California FEHA Regulations (Effective April 1, 2016)

All employers with employees in California should carefully review harassment, discrimination, and retaliation policies and practices to ensure compliance with amended FEHA regulations. New Requirements for a Written...more

Amended California FEHA Regulations Take Effect April 1, Impose Detailed Anti-Harassment and Anti-Discrimination Policy...

Recent Amendments to California’s Fair Employment and Housing Act (FEHA) Regulations go into effect on April 1, 2016. These amendments include: - ..Detailed requirements for mandatory written harassment, discrimination,...more

Employer Beware - EEOC Will Now Allow Release of Position Statements to Charging Party

A well-crafted position statement is critical to the employer’s defense of a charge of discrimination filed at the Equal Employment Opportunity Commission (EEOC). It is the company’s opportunity to tell its side of the story,...more

EEOC to Allow Charging Parties Access to Employer's Position Statement

When employers receive a charge of discrimination filed with the Equal Employment Opportunity Commission, their response to the agency takes the form of a Position Statement, which sets forth the employer’s reasons for the...more

You May Want To Reconsider Your Position – EEOC Announces New Procedure to Handle Administrative Charges Against Employers

The Equal Employment Opportunity Commission (“EEOC”) recently announced new nationwide changes to the procedures relating to its investigation of administrative charges filed against employers. When an individual files a...more

The EEOC Is "Playing Sides" with the Charge Response Process

The EEOC has announced new procedures under which it will now release employers' Position Statements to Charging Parties upon request. This new procedure is designed to facilitate the EEOC obtaining additional responsive...more

Privacy Shield or Model Clauses: Which is Better for You?

Yesterday the European Commission released a draft “adequacy decision” on the protection provided by the EU-U.S. Privacy Shield together with the texts that will constitute the EU-U.S. Privacy Shield framework. Once adopted...more

A One-Way Street: EEOC Unveils Nationwide Procedures for Releasing Employers’ Position Statements

As many employers know, one of the first steps in responding to an EEOC charge filed by a current or former employee is to put together a position statement to refute the complainant’s allegations and otherwise support the...more

Encouraging Employee Complaints. Yes, We’re Serious.

Last Friday, a Yelp employee posted an open letter to her CEO, describing how her customer service job in San Francisco does not pay enough to allow her to buy groceries or see a doctor. Within 24 hours of posting the letter...more

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