News & Analysis as of

Investigations Employment Discrimination

BCLP

Privilege And Iniquity, Whistleblowing Reports, Discrimination As A Repudiatory Breach And A News Round-Up

BCLP on

Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more

Morrison & Foerster LLP

DOJ Issues Civil Investigative Demands Concerning DEI Practices

The U.S. Department of Justice (DOJ) has begun issuing civil investigative demands (CIDs) to federal contractors and grantees seeking documents and information related to their diversity, equity, and inclusion (DEI)...more

Jaburg Wilk

When Is a Company Your Employer? Understanding the Integrated Enterprise Doctrine Under Title VII

Jaburg Wilk on

Filing a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC) can be confusing when determining who the employer is. That’s especially true in a complex corporate environment, where...more

Proskauer - Labor Relations Update

Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations

On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an...more

Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

Conn Maciel Carey LLP on

In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more

Oppenheimer Investigations Group

Understanding Unconscious Biases in Workplace Investigations

Unconscious biases, including implicit and cognitive biases, are pervasive in our daily lives and can significantly impact our decisions, even when we strive to be fair and objective. For workplace investigators, recognizing...more

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

Washington Public Records Act Now Protects Identities in Workplace Investigations

Investigation records have typically been considered public records under Washington State’s public disclosure law, absent a specific exemption or an established legal privilege. ...more

Seyfarth Shaw LLP

Managing Cross-Border Sexual Harassment Investigations: Legal Insights and Practical Realities

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In today’s global workplace, managing sexual harassment complaints is no longer a matter confined to a single jurisdiction. As companies expand across borders, their legal obligations become increasingly complex....more

Bass, Berry & Sims PLC

DOJ’s New Civil Rights Fraud Initiative – The Investigations are Coming!

Bass, Berry & Sims PLC on

On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative (the Civil Rights Fraud Initiative), which will use the federal False Claims Act (FCA) to pursue claims against recipients...more

Seyfarth Shaw LLP

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 1)

Seyfarth Shaw LLP on

Seyfarth recently hosted a webinar entitled ‘Managing Cross-Border Sexual Harassment Investigations in Australia and Asia’, addressing the practical considerations that employers should be aware of when investigating...more

Holland & Hart - Employers' Lawyers

A Shoddy Investigation Is Not Retaliatory

When an employee complains of discrimination or harassment, companies often investigate the matter. Doing so allows a company to address alleged improper behavior and it may allow the company to avoid potential liability –...more

Vorys, Sater, Seymour and Pease LLP

Strategies for Ensuring Effective Workplace Investigations

Employers are often faced with complaints of harassment, discrimination, retaliation, and other kinds of misconduct. While no two investigations are identical, specific strategies exist to help conduct effective workplace...more

Troutman Pepper Locke

Workplace Investigations – One Size Does Not Fit All

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Over the last few years, employers have faced new and expanded obligations under state and federal employment laws relating to prohibition of discrimination, harassment, and retaliation in the workplace. These changes stem...more

Oppenheimer Investigations Group

Key Insights for Impartial Investigations: Can One be Opinionated and Unbiased at the Same Time?

People, including investigators, have opinions, but that doesn’t necessarily get in the way of doing impartial investigations into school or workplace claims of misconduct, which often center around sensitive issues such as...more

Woods Rogers

Conducting Effective Workplace Investigations

Woods Rogers on

Nothing catches people’s attention like a high-profile, drama-filled lawsuit. Not every employer will deal with a Blake Lively/Justin Baldoni-level feud, but discrimination and harassment lawsuits arise in all types of work...more

Oppenheimer Investigations Group

Guide for Participants in Workplace Investigations

A quick search on Reddit or Google will reveal that workplace investigations often seem shrouded in mystery. Every person involved—complainant, respondent, and witnesses alike—enter the process with questions: Why has my...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

White and Williams LLP

The MCAD’s Fiscal Year 2023 Report: Everything Employers Need to Know

White and Williams LLP on

The Massachusetts Commission Against Discrimination (“MCAD” or “Commission”) has released its Fiscal Year 2023 (“FY23”) Annual Report, which highlights the strides the Commission has made over the last fiscal year toward...more

McAfee & Taft

Retaliation: The most successful discrimination claim

McAfee & Taft on

A claim of retaliation can be successful even when the original claim of discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information fails to establish a violation of law....more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Bradley Arant Boult Cummings LLP

Attendance Policies, ADA May Be In EEOC's Crosshairs

No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more

Akerman LLP - HR Defense

What’s in Store for the Next Four Years? The EEOC’s Strategic Plan

The EEOC promises to secure greater equitable relief, to better investigate systematic discrimination, and to improve its customer service over the next four years, among other New Year’s resolutions. In its draft EEOC...more

Littler

Annual Report On EEOC Developments - Fiscal Year 2021

Littler on

ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC...more

Proskauer - Government Contractor Compliance...

Contractors, Get Ready. New OFCCP Directive Signals A New Unfriendly Enforcement Era

On March 31, 2022, OFCCP issued Directive 2020-02 titled “Effective Compliance Evaluations and Enforcement” (the “Directive”). The Directive’s stated purpose is to “provide transparency on OFCCP’s compliance evaluation...more

Polsinelli

OFCCP Directive on Compliance Evaluation Procedures Signals Renewed Focus on Enforcement

Polsinelli on

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued its second Directive, No. 2022-02, of the Biden Administration.  The new Directive implements both procedural and substantive changes to...more

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