California Employment News: Gathering Information in a Workplace Investigation – Part 2 (Featured)
Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt and Antwan Lofton of Duke University
A Retaliation Refresher: What's the Tea in L&E?
#WorkforceWednesday®: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week®
Whistleblower Challenges and Employer Responses: One-on-One with Alex Barnard
Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline
Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast
Hoops and Legal Loops: The Dearica Hamby Case Explained
Workplace Investigation Protocols: One-on-One with Greg Keating
Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?
Navigating Employment and Separation Agreements: Lessons From Al Pacino's Serpico — Hiring to Firing Podcast
Employment Law Now VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
#WorkforceWednesday: Whistleblower Risks in an Economic Downturn, Whistleblower Protection Settlement - Employment Law This Week®
DE Under 3: Updated EEOC COVID-19 Technical Assistance Guidance, Case Decision & Wage & Hour Division Proposed Rule
What's Going on With Whistleblower Lines
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
Whistleblowers: Don't Drink the Government's Kool-Aid
What Employers Should Know About the Federal Joint Initiative to Reduce Workplace Retaliation
#WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more
An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more
Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with...more
As a U.S. employment lawyer who advises numerous Canadian companies, I’ve seen several traps that Canadian companies frequently fall into. The first step in avoiding these traps is to identify them....more
In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...more
For years, both the Equal Employment Opportunity Commission and multiple federal appellate circuits have agreed on the legal standard for proving liability for sexual or other harassment by a third party such as a vendor or...more
In an explicit departure from EEOC guidance and other federal court caselaw, the United States Court of Appeals for the Sixth Circuit recently held that an employer can only be liable for a client/customer’s harassment of its...more
Responding to discriminatory comments, modifying work duties after a request for disability accommodation, and documenting internal business reorganizations are part of a manager’s job. But if handled incorrectly or...more
Divine intervention? John Kluge, a high school orchestra teacher in the Indianapolis area, was let go in 2018 after he refused to address transgender students by their preferred names and pronouns. Mr. Kluge, a Christian...more
As employers across the country embrace the use of artificial intelligence in their workplace activities, federal and state lawmakers are lining up to consider guardrails on common AI practices. From hiring to performance...more
On July 31, 2025, in Tamika Rayford v American House Roseville, LLC d/b/a American House East I and American House, the Michigan Supreme Court held that boilerplate employment agreements that shorten the limitations period to...more
The Mediation Table: Conversations in Conflict Resolution - Employment mediation continues to evolve—driven by rising emotional complexity, changing workplace dynamics and new legal challenges. In this podcast episode, JAMS...more
Title VII of the Civil Rights Act of 1964 generally prohibits covered employers from taking adverse actions against employees on the basis of race, sex, and other protected categories. Employee discipline is often the subject...more
Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more
A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more
"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more
Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025) - D’Andre Lampkin, a deputy in the Los Angeles County Sheriff’s Department, investigated a man whom he believed was soliciting a prostitute. (In...more
Allos v. Poway Unified Sch. Dist., 2025 WL 1864797 (Cal. Ct. App. 2025) - Kheloud Allos sued her former employer, the Poway Unified School District, for alleged violations of the FEHA and the Labor Code based on the...more
In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more
A former Major League Soccer marketing executive sued the league in New York federal court Friday, alleging he was fired in retaliation for repeatedly complaining of racial discrimination by his superiors....more
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
On July 10, 2025, the Supreme Court of Florida held that a claimant need not specifically allege they are seeking relief under the Florida Civil Rights Act (FCRA) in a charge of discrimination dual filed with the Equal...more
Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more
The drama of “It Ends With Us” has jumped from the book to the big screen to a real-life legal battle that offers a sharp reminder of how retaliation and digital misconduct can derail even the most powerful players in any...more
As we have previously reported here and here, “nuclear” verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive...more