News & Analysis as of

Employment Discrimination Discovery

Vedder Price

Seventh Circuit Departs from Traditional Two-Step Collective Certification Framework in FLSA and ADEA Cases

Vedder Price on

With a nod to discretion and practicality, the Seventh Circuit has become the latest U.S. Court of Appeals to depart from the traditional two-step collective certification process in cases brought under the Fair Labor...more

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

Seventh Circuit Establishes New Test for Notice to Issue in FLSA and ADEA Collective Actions

In Richards v. Eli Lily & Co., a panel of the U.S. Court of Appeals for the Seventh Circuit joined the Fifth and Sixth Circuits in departing from the longstanding two-step procedure for distributing notice to potential...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

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

Two Recent CHRT Rulings Rein in Over-Broad Human Rights Litigation - What Employers Should Know

Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more

Array

This Week in eDiscovery: Privilege Logs are Evidence Too

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 22-28. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Privilege Log Helps Defeat Summary Judgment on One Count

In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more

Seyfarth Shaw LLP

Pay Equity Studies in Focus: Navigating Privilege and Public Disclosure Risks

Seyfarth Shaw LLP on

A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more

EDRM - Electronic Discovery Reference Model

“Diligent Search,” But No Responsive Data Is Insufficient Response

In EEOC v. Mia Aesthetics Clinic ATL, LLC, No. 1:24-CV-3407-MLB-AWH (N.D. Ga. May 30, 2025), the EEOC prevailed on several discovery disputes. It prevailed because its attorneys did their homework and supported their...more

Epstein Becker & Green

The Third Circuit Orders Another Review in Cornelius v. CVS Pharmacy, Inc.—Resolution Will Wait for Another Day in New Jersey...

Epstein Becker & Green on

Case law related to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) continues to develop.  In late 2024, the Third Circuit seemed poised to bring further clarity as to which...more

Minerva26

How Failing to Meet and Confer Effectively Can Lead to Sanctions

Minerva26 on

If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more

EDRM - Electronic Discovery Reference Model

“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

Campbell v. Aberdeen Providing Ground Federal Credit Union, 2025 WL 608046 (D. Md. Feb. 25, 2025)(Bredar, J.), is an employment discrimination case. At its most general level, the holding was that “a litigant may not invoke...more

EDRM - Electronic Discovery Reference Model

Cross-Motions to Compel in Employment Lawsuit

In Cooper v. Baltimore Gas and Electric Co., 2025 WL 404246 (D. Md. Feb. 5, 2025)(Coulson, J.), Ms. Cooper sued BG&E and another employer for sexual harassment and discrimination....more

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

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

Florida Appellate Court Shuts Down Financial Discovery on Employers: The Buck Stops Here

On October 14, 2020, the Florida Fourth District Court of Appeal granted a petition for a writ of certiorari quashing a trial court’s discovery order that had compelled an employer to produce “financial worth” discovery in an...more

Payne & Fears

Key California Employment Law Cases: July 2020

Payne & Fears on

Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

Jaburg Wilk

What Should You do if You are Being Harassed at Work?

Jaburg Wilk on

The first thing employees need to know is that not all harassment and discrimination is unlawful. Arizona is an at-will employment state, which means that an employee can legally be terminated (or harassed) for any reason or...more

Bradley Arant Boult Cummings LLP

The Door Gets a Little Wider: D.C. Circuit Rules Employee-Plaintiff Can Get Comparator Discovery to Prevent Dismissal of Case

If your employee sues you for discrimination, they don’t get to look at how the decision-makers treated everyone else, do they? Well, in Cruz vs. US Homeland Security, the D.C. Court of Appeals says yes they do. Although the...more

Jaburg Wilk

The #1 Mistake Arizona Employers Make When Responding to Complaints of Discrimination or Harassment

Jaburg Wilk on

It is important that Arizona employers know how to properly respond to complaints of unlawful discrimination or harassment, particularly in light of the MeToo movement. Each year, I consult with employees seeking legal advice...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Farrell Fritz, P.C.

Because The Court Concluded Plaintiff’s Counsel Failed To Engage In Meaningful Meet And Confer, Court Orders Counsel (Not The...

Farrell Fritz, P.C. on

In this single-plaintiff employment discrimination case (Bailey v. Brookdale Univ. Hosp., 2017 U.S. Dist. LEXIS 93093 (E.D.N.Y. June 16, 2017)), counsel for the parties purportedly met and conferred as directed by the Court...more

Jackson Lewis P.C.

Court Holds That Self-Selection Of Emails By Employee Satisfies Discovery Obligations

Jackson Lewis P.C. on

In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s...more

Proskauer - Minding Your Business

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Carlton Fields

Court Declines To Vacate Arbitral Decision In Face Of Seven Challenges Made By Pro Se Plaintiff

Carlton Fields on

Last month the Southern District of New York granted DCH Auto Group’s motion to confirm a favorable arbitral decision dismissing a pro se plaintiff’s arbitration with prejudice, over a host of different challenges seeking...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

Hinshaw & Culbertson LLP

Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016) - Brief Summary - The Massachusetts Supreme Court held that it is "protected activity" (i.e., conduct that an employee may engage...more

37 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide