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Employer Liability Issues › Workplace Investigations › Title VII

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

Oppenheimer Investigations Group on

Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Lathrop GPM

EEOC Issues Enforcement Guidance on Harassment in the Workplace

Lathrop GPM on

At the end of April 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The Guidance...more

McAfee & Taft

Workplace investigations: Prompt and reasonable, but not always perfect

McAfee & Taft on

Employers understand the importance of investigating employees’ harassment complaints. A recent case explains what standards apply to the company’s investigation and what happens if the employer cannot determine who was the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Epstein Becker & Green

NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are...

Epstein Becker & Green on

The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...more

Parker Poe Adams & Bernstein LLP

Prior Harassment Claims Do Not Eliminate Employer's Use of Faragher-Ellerth Defense

Parker Poe Adams & Bernstein LLP on

Under Title VII, employers are vicariously liable for incidents of sexual harassment engaged in by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court acknowledged a limited defense to claims of...more

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