Investigations and Litigation
The Equal Employment Opportunity Commission (EEOC) may not broadly enforce separation agreements that may limit an employee's right to file a charge with the agency absent a conciliation attempt or an allegation that the employer engaged in discriminatory or retaliatory practices, the 7th Circuit Court of Appeals has ruled.
California Governor Jerry Brown has signed into law significant changes to the state's equal pay statute, leading him to call it, "The strongest equal pay law in the nation." Equally notable was Brown's veto of a bill that would have outlawed the use of mandatory arbitration agreements as a condition of employment.
In EEOC v Mach Mining, the Supreme Court ruled that federal courts have limited powers to review the Equal Employment Opportunity Commission's attempts to end alleged instances of discrimination through informal methods before filing a lawsuit.f
The California Supreme Court has handed a victory to employers in a case involving an employee's alleged misuse of medical leave. In Richey v. AutoNation, Inc., the Court found that an employee out on leave is not entitled to a greater right to reinstatement than other employees.
The Supreme Court heard arguments in a case that asks how far the EEOC must go to try to resolve discrimination claims before suing an employer. The Equal Employment Advisory Counsel's Rae Vann comments to XpertHR about why Mach Mining v. EEOC raises a significant issue affecting employers.
A New York federal court has ruled that employers may have a defense to defamation claims when their employees include hyperlinks to reliable sources in their social media posts. The ruling is significant for employers given the increasing use of social media in the workplace, particularly where employees use social media at the direction of employers or within the scope of their employment.
While the Supreme Court's ruling on the Defense of Marriage Act has drawn the most attention, other key opinions from the 2012-2013 term also affect HR. In a new podcast, our editorial team examines a pair of wins for employers in cases involving Title VII of the Civil Rights Act--Texas Southwestern Medical Center v. Nassar and Vance v. Ball State - plus much more.
A Florida appeals court held that specific language in an arbitration agreement meant that the employer could arbitrate a workers' compensation retaliation claim, while preserving an exception the employer created to avoid arbitrating workers' compensation benefits claims.
Employees may be successful in claims for intentional infliction of emotional distress (IIED), a common way to boost the stakes in litigation, if employers intentionally invaded their privacy.
The Equal Employment Opportunity Commission (EEOC) has released two informal discussion letters regarding partner-employee coverage under the Age Discrimination in Employment Act (ADEA). Employers should note that enforcement agencies and the courts do not rely blindly on internal labels, job titles or ownership interests when making a determination regarding coverage under equal employment opportunity (EEO) laws.
News: HR guidance on the importance of conducting thorough and objective investigations as a tool to guard against and/or defeat litigation.
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