News & Analysis as of

Discrimination Internal Investigations

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
DarrowEverett LLP

Diversity Driven Derivative Suits: Culture Wars Come to the Boardroom

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Traditionally deployed to protect a corporation from its board’s imprudent investment or financial decision-making, in recent years shareholders have taken to bringing derivative actions on a corporation’s behalf for its...more

Seyfarth Shaw LLP

The Stale Harassment Complaint: Coal In Your Stocking?

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Seyfarth Synopsis: The natural inclination is to ignore attempts to dredge up claims of harassment that happened long ago. But no harassment claim is too old to investigate. Having strong anti-harassment policies and...more

U.S. Equal Employment Opportunity Commission...

Better 4 You Breakfast Settles EEOC Lawsuit for Retaliatory Discrimination

School Meals Provider Will Pay $62,500 to Settle Retaliation Claims and Provide Training to Employees on Retaliation - PHOENIX - A Commerce, Calif.-based company that provides prepared meals to schools has agreed to...more

U.S. Equal Employment Opportunity Commission...

ABL Management to Pay $35,000 to Settle Retaliation Lawsuit with EEOC

Company Fired Panama City Employee After He Reported Male Supervisor Sexually Harassed Him, Federal Agency Charged - BIRMINGHAM, Ala. - ABL Management, Inc., a Baton Rouge, La.-based food management company, will pay...more

U.S. Equal Employment Opportunity Commission...

Rite Way to Settle EEOC Retaliation Suit

Federal Agency Wins $70,000 for Worker Who Was Fired for Helping With Sexual Harassment Investigation - GULFPORT, Miss. - Rite Way Service, Inc., a former Alabama corporation that provided janitorial cleaning services to...more

Jackson Lewis P.C.

Updated EEOC Retaliation Guidance Suggests Scrutiny for Internal Investigation Practices

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The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law....more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Obermayer Rebmann Maxwell & Hippel LLP

Third Circuit Issues Employer-Friendly Ruling in Discrimination and Retaliation Case

On August 12, 2015, the Third Circuit Court of Appeals issued a precedential opinion in Jones v. SEPTA, a discrimination and retaliation claim brought by a former employee of the Philadelphia-area transit agency. The Third...more

Snell & Wilmer

Workplace Investigations

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If you are an employer or HR professional and have not had to conduct a workplace discrimination investigation, consider yourself lucky, or possibly naïve. At some point every employer will be confronted with the employee...more

Foley & Lardner LLP

Internal Investigations — Assessing Witness Credibility

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As experienced investigators know, an investigation into allegations of harassment, discrimination or other misconduct may lead to a so-called “he said/she said” scenario, possibly leaving the investigator in a quandary as to...more

Pullman & Comley - Labor, Employment and...

Don’t Make Promises That You Cannot Keep: Greenwich Silver Shield Association v. Town of Greenwich, the FOIA and Discrimination...

Investigations in the public sector confront the competing demands of employee privacy rights and the public’s “right to know” under the Freedom of Information Act [“FOIA”]. Another decision by the Freedom of Information...more

Pullman & Comley - Labor, Employment and...

Investigating Employee Complaints – An Employer’s Double Bind

An employee, having been notified of his impending termination, complains to his employer of discrimination. A human resources professional retained by the employer to investigate the complaint concludes that the employee...more

Fenwick & West LLP

Fenwick Employment Brief - September 2013: Wrongful Termination Claims Fail Where Employer Thoroughly Investigated Work...

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In Kodwavi v. Intercontinental Hotels Group Resources, Inc., a federal district court in California determined that a hotel employee was not entitled to have his claims of national origin discrimination and retaliation go to...more

Fenwick & West LLP

Fenwick Employment Brief - September 2013: Findings that Employee Violated Company Policies were not an Admission of Legal...

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In Oliver v. Microsoft Corp., a federal district court in California ruled that Microsoft’s internal determination that the plaintiff’s supervisor violated the company’s discrimination and retaliation policies was not an...more

Proskauer - California Employment Law

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more

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

Court Rejects FEHA Claim Brought By Fired Department Manager

McGrory v. Applied Signal Tech. Inc., No. H036597 (January 24, 2013): A California Court of Appeal recently upheld the dismissal of a lawsuit where the employee refused to cooperate with a company investigation and claimed...more

Proskauer - California Employment Law

Employee Was Properly Terminated For Lying And Failing To Cooperate During Company Investigation

John McGrory sued his former employer, alleging he was unlawfully retaliated against for being uncooperative and deceptive during a company investigation into allegations that he had discriminated against a subordinate...more

Akerman LLP - HR Defense

Manager’s Opposition To Employer’s Handling Of Rape Allegations Not Protected Activity, Rules Eleventh Circuit

Title VII generally protects employees who oppose employment practices made unlawful by Title VII, such as sexual harassment. But what happens when a manager disagrees with the way in which her employer handles an internal...more

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