Investigations and Litigation Categories

All Items: Investigations and Litigation

  • Courts Will Make Sure EEOC Tries to Resolve Discrimination Claims Before Filing a Lawsuit

    Date:
    29 April 2015

    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

  • California Supreme Court Backs Employer in Medical Leave Case

    Date:
    04 February 2015

    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.

  • Supreme Court Considers EEOC Tactics in Mach Mining Case

    Date:
    15 January 2015

    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.

  • New York Federal Court Rules Hyperlinks to a Reliable Source May Be a Defense to Defamation Claims

    Date:
    07 November 2013

    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.

  • New Podcast Examines Key Supreme Court Wins for Employers

    Date:
    27 September 2013

    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.

  • Florida Court Ruling Highlights Importance of Specific Terminology in Arbitration Agreements

    Date:
    23 September 2013

    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.

  • Oklahoma Federal Court Rules Invasion of Privacy Sufficient for Employee Emotional Distress Claims

    Date:
    19 September 2013

    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.

  • EEOC Discusses Factors for Determining Partner-Employee Status Under EEO Laws

    Date:
    28 August 2013

    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.

  • Paula Deen Ruling Shows Limits of 'Zone of Interest' Employment Discrimination Claims

    Date:
    27 August 2013

    As the recent dismissal of the race discrimination claim against celebrity chef Paula Deen illustrates, employees who are not directly affected by unlawful racial discrimination may not sue under federal antidiscrimination laws to remedy racial discrimination directed toward third parties.

  • Supreme Court Rules Class Action Waivers Are Valid and Enforceable

    Date:
    25 June 2013

    A divided Supreme Court ruled that class action waivers in arbitration agreements are enforceable, even if the cost of prevailing in individual arbitration claims is high. Employers should consider using arbitration agreements as a cost-saving measure and should consider including class action waivers in their arbitration agreements as a means to prevent employees from banding together to pursue their claims.

About this category

News: HR guidance on the importance of conducting thorough and objective investigations as a tool to guard against and/or defeat litigation.