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Discrimination › Discovery

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 -
EDRM - Electronic Discovery Reference Model

Application of Work-Product Doctrine to Materials Prepared Years After Incident

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In Hall v. Baltimore Police Dept., 2025 WL 1548560 (D. Md. May 30, 2025)(Austin, J.), the Court considered whether materials created many years after the underlying incident were protected under the work-product doctrine. The...more

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

Texas Supreme Court Issues Two Key Pro-Arbitration Decisions

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Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in...more

FordHarrison

Help! I Just Received a Charge of Discrimination. Now What? - Part 2 of 3

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In this three-part series, we are exploring best practices for handling a charge of discrimination. The first part of the series addressed important preliminary questions you should be asking upon initial receipt of the...more

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

Washington Law Restricts Employers’ Access to Medical Records in WLAD Cases

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Washington recently passed a law limiting discovery of medical records and other medical information for discrimination claims brought under the Washington Law Against Discrimination (WLAD). The law went into effect on June...more

Genova Burns LLC

Welcome to The Garden State: NJ’s Law Against Discrimination Grows to Protect Non-Resident Employees

Genova Burns LLC on

A New Jersey appellate court recently held that a non-resident employee who telecommuted to her New Jersey employer from her home in Massachusetts may be covered by the New Jersey Law Against Discrimination (NJLAD). Facts - ...more

Littler

New Washington State Law Restricts Permissible Discovery of Plaintiff's Medical Records in Discrimination Lawsuits

Littler on

A new Washington law (SB 6027) impacts the scope of discovery of a plaintiff’s medical records in litigation brought under Washington’s Law Against Discrimination (“WLAD”). The law will become effective on June 7, 2018....more

Dentons

Iowa Civil Rights Commission Complaint: Handling Documentation

Dentons on

Over the last couple weeks, we have looked at the Iowa Civil Rights Commission procedure for employers when current or former employees allege discrimination in the workplace. We covered the details of the initial...more

Seyfarth Shaw LLP

Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers facing EEOC administrative subpoenas was the...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Proskauer - Government Contractor Compliance...

OFCCP Sues Google, Seeking Pay Data

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On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Seyfarth Shaw LLP

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

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Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more

Jackson Lewis P.C.

Massachusetts High Court Paves Way for Employees to Engage in ‘Self-Help’ Discovery

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The highest court in Massachusetts has ruled that, in certain instances, an employee can access and obtain an employer’s records in order to support a claim of employment discrimination. Verdrager v. Mintz Levin, No....more

Morrison & Foerster LLP - Social Media

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

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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

Constangy, Brooks, Smith & Prophete, LLP

How Much, Er, Discovery Is Allowed In A Transgender Lawsuit?

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Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she...more

Proskauer - Whistleblowing & Retaliation

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

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On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to...more

Lewitt Hackman

FRANCHISEE 101: 7-Eleven Ordered to Disclose Metadata

Lewitt Hackman on

A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data...more

Baker Donelson

What 2013 Gifts will Employers be Enjoying well into 2014?

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The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

Troutman Pepper

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately PPT Presentation

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A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

Troutman Pepper

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately

Troutman Pepper on

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

Proskauer - Government Contractor Compliance...

DOL Seeks To Defend Its Data Gathering Authority

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Last week, the Department of Labor moved to dismiss Frito-Lay’s lawsuit (Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012)) seeking to block the production of employment data for an OFCCP investigation...more

Littler

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

Littler on

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2012

Littler on

Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is...more

Sands Anderson PC

Beware EEOC’s Broad Power: Protect Your Trade Secrets

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With EEOC complaints on the rise, employers should take note of a recent opinion reminding them that the EEOC may access “virtually any material that might cast light on the allegations against the employer.” The EEOC...more

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