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Goodwin

McDonald’s Part Two: Delaware Court of Chancery Dismisses Caremark Claims Against Directors Arising From Sexual Harassment Issues

Goodwin on

On March 1, 2023, in In re McDonald’s Corporation Stockholder Derivative Litigation, Vice Chancellor Travis Laster of Delaware’s Court of Chancery granted a motion to dismiss derivative claims against McDonald’s directors...more

Nilan Johnson Lewis PA

EEOC Finds Age-Restricted Advertisements Violate ADEA

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Approximately two years ago, a number of employers received charges of discrimination alleging that they discriminated against applicants by restricting the recipients of employment advertisements on Facebook. The EEOC just...more

Proskauer - California Employment Law

EEOC Has Begun Denying Employers’ Requests For Extensions Of Time To Respond To Discrimination Charges

What used to be a routine request – asking the Equal Employment Opportunity Commission (EEOC) for an extension of time when responding to a charge of discrimination or harassment and assuming extra time would be granted –...more

Proskauer - Law and the Workplace

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

Bradley Arant Boult Cummings LLP

HR to the Rescue: Prompt Investigation Beats EEOC’s Sex Harassment Claim

Don’t listen to all the doubters – HR truly can save the day. A recent federal court decision from the Western District of Tennessee illustrates the point again: prompt and appropriate investigation of a sexual...more

Seyfarth Shaw LLP

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

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Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects EEOC's Position on Reasonable Belief Standard for Reactive Retaliation Claims

In 2009’s Crawford decision, the U.S. Supreme Court concluded that an employee who participates in an employer’s harassment or discrimination investigation as a third-party witness, falls within federal anti-retaliation...more

Seyfarth Shaw LLP

Dismissal Denied For Discussing Disability: EEOC Case Against Employer Survives

Seyfarth Shaw LLP on

Anti-discrimination laws command that “thou shall not retaliate…” The recent ruling in EEOC v. Day & Zimmerman NPS, Inc., Case No. 15-CV-01416 (D. Conn Apr. 12, 2016), is a case study in how employers can be taken to task for...more

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

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more

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