News & Analysis as of

Discovery Employment Discrimination

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

Reveal

Employment Litigation: How to Prepare and Mitigate the Associated Risks

Reveal on

From allegations of workplace discrimination, sexual orientation discrimination to violations of non-compete clauses or breaches of contract, lawsuits between organizations and their employees are an ever-present threat for...more

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

Florida Appellate Court Shuts Down Financial Discovery on Employers: The Buck Stops Here

On October 14, 2020, the Florida Fourth District Court of Appeal granted a petition for a writ of certiorari quashing a trial court’s discovery order that had compelled an employer to produce “financial worth” discovery in an...more

Payne & Fears

Key California Employment Law Cases: July 2020

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Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...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

Bradley Arant Boult Cummings LLP

The Door Gets a Little Wider: D.C. Circuit Rules Employee-Plaintiff Can Get Comparator Discovery to Prevent Dismissal of Case

If your employee sues you for discrimination, they don’t get to look at how the decision-makers treated everyone else, do they? Well, in Cruz vs. US Homeland Security, the D.C. Court of Appeals says yes they do. Although the...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

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Farrell Fritz, P.C.

Because The Court Concluded Plaintiff’s Counsel Failed To Engage In Meaningful Meet And Confer, Court Orders Counsel (Not The...

Farrell Fritz, P.C. on

In this single-plaintiff employment discrimination case (Bailey v. Brookdale Univ. Hosp., 2017 U.S. Dist. LEXIS 93093 (E.D.N.Y. June 16, 2017)), counsel for the parties purportedly met and conferred as directed by the Court...more

Jackson Lewis P.C.

Court Holds That Self-Selection Of Emails By Employee Satisfies Discovery Obligations

Jackson Lewis P.C. on

In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2017

California Supreme Court Reverses PAGA Discovery Ruling - Why it matters - On July 13, 2017, the California Supreme Court in Williams v. Superior Court (Marshalls) issued its first opinion addressing the scope of...more

Proskauer - Minding Your Business

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Carlton Fields

Court Declines To Vacate Arbitral Decision In Face Of Seven Challenges Made By Pro Se Plaintiff

Carlton Fields on

Last month the Southern District of New York granted DCH Auto Group’s motion to confirm a favorable arbitral decision dismissing a pro se plaintiff’s arbitration with prejudice, over a host of different challenges seeking...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Hinshaw & Culbertson LLP

Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016) - Brief Summary - The Massachusetts Supreme Court held that it is "protected activity" (i.e., conduct that an employee may engage...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

McAfee & Taft

Keys to crafting an effective response to an EEOC discrimination charge

McAfee & Taft on

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

Jackson Walker

EEOC's New Procedure Provides Position Statements to Charging Parties

Jackson Walker on

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

Locke Lord LLP

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

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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

Davis Wright Tremaine LLP

New EEOC Procedures Allow Charging Parties Immediate Access to Employer Position Statements

The EEOC has implemented new, nationwide procedures allowing a charging party and/or her representative to request immediate access to the employer’s position statement. More than ever, employers need to carefully consider...more

Maynard Nexsen

There's Nothing Quite Like a Silver Platter: The EEOC's New Nationwide Procedures for Releasing Respondents' Position Statements...

Maynard Nexsen on

On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all...more

McGuireWoods LLP

EEOC Allows Release of Position Statements to and Response by Charging Party

McGuireWoods LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) implemented significant procedural changes regarding position statements. The new procedures apply to all EEOC requests for position statements made on after January 1,...more

Miller & Martin PLLC

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

Miller & Martin PLLC on

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

Mintz - Employment, Labor & Benefits...

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

Constangy, Brooks, Smith & Prophete, LLP

EEOC Wins Most Of Discovery Dispute In Transgender Case

In July, I posted about a discovery dispute in the transgender lawsuit going on in the Detroit area. The Equal Employment Opportunity Commission has sued a funeral home for discriminating against Aimee Stephens, a transgender...more

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