2/14/20
By: Brent Bean The Equal Opportunity Employment Commission recently released its 2019 enforcement statistics. The EEOC is the administrative agency and gatekeeper for employment law claims asserted under Title VII of the Civil Rights Act of 1964. The EEOC receives charges of discrimination which typically allege such claims as race, disability discrimination or sex harassment. …
8/24/18
By: Paige Pembrook The newly revised California Rules of Professional Conduct for attorneys, set to take effect November 1, 2018, include a tougher approach to discrimination, harassment, and retaliation in legal practice that exposes attorneys to State Bar discipline even where there has been no prior court determination of any wrongful conduct. The new rule…
NLRB Provides Guidance on Investigation Confidentiality Policies
4/22/13
By: Anthony Del Rio In July 2012, the National Labor Relations Board (“NLRB”) ruled that a blanket policy requiring confidentiality during all internal workplace investigations violates employees’ rights under Section 7 of the National Labor Relations Act (“NLRA”). The ruling represented a somewhat conflicting position, because one of the primary reasons confidentiality provisions were put in…
Liquidated Damages are Discretionary in FLSA Retaliation Case
3/22/13
By: Joyce Mocek The Eleventh Circuit Court of Appeals recently held that the standard for awarding plaintiffs liquidated damages in a retaliation claim under the Fair Labor Standards Act (FLSA) is different from that used for claims of minimum wage or overtime violations. In Moore v. Appliance Direct, Inc., No. 11-CV-15227 (11th Cir. Feb. 13, 2013),…
Retaliatory Hostile Work Environment Claim Recognized by Eleventh Circuit
6/18/12
By: Joyce Mocek
In a case of first impression for the Eleventh Circuit, the Court in Gowski v. Peake held that a retaliatory hostile work environment was a viable claim. The Court also noted that although discrete acts cannot alone form the basis of a hostile work environment claim, the jury could consider discrete acts