We are pleased to share a recent Bloomberg Law article, “How Employers Can Keep ‘Me Too’ Evidence From the Jury,” which provides guidance for employers to keep “me too” evidence—not to be confused with the #MeToo movement—out of trial. This evidence, which is from parties not involved in the litigation, can taint the jury and
The COVID-19 Employment Litigation Landscape – Is It All Uphill From Here? (Video)
When world economies face challenges, employment litigation claims of all types arise. In this Quick Chat video, our Labor and Employment lawyers discuss the range of trending employment-related claims and cases and share what employers can do to best position themselves to manage impending litigation.
Click here to watch the video.
Review our brochure, COVID-19…
Video Chat Series (5th Installment): Employment Litigation Predictions, Expense Reimbursements and Protecting Company IP
We hope you have found our video chat series helpful and informative. We are continuing this series of quick and bite-sized video chats, where our employment partners team up with practitioners in various areas of law to discuss the most pressing issues for employers navigating the return to work. Each 15-minute Q&A session offers targeted…
Emergency Court Rules for COVID-19 Slows Litigation and Provides Choices for Businesses
In jurisdictions across the country — especially COVID-19 “hot spots” — courts have entered emergency orders suspending trials and hearings, tolling the statute of limitations, and shuttering their doors to conducting anything but the most essential business. Non-essential hearings — including hearings related to non-emergency civil matters — are being conducted through Zoom and Skype to continue court proceedings without violating shelter-in-place orders and social distancing guidelines. In jurisdictions where shelter-in-place orders consider certain “legal services” as essential businesses which must remain open, those partaking must still abide by social-distancing guidelines (including six-foot spacing, and not gathering in groups of more than a minimal number such as 5 or 10), which can make something as routine as taking in-person depositions impossible. At the same time, businesses are reeling from the economic impact of COVID-19, and may find it beneficial to slow the pace of pending litigation. Responding to interrogatories, culling through thousands of emails to find responsive documents, and taking the time to prepare for depositions may not be front-of-mind for businesses simply trying to focus on retaining employees and staying afloat.
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Employers, Are Your Grooming Policies Discriminatory?
[With special thanks to our summer associate Lennox Mark for his contribution to this post.]
From coast to coast, state and local governments are debating and enacting legislation to broaden workplace protections for employee dress and grooming practices. And not surprisingly, employee complaints regarding employer grooming policies — that such policies contribute to discrimination by unduly burdening certain racial characteristics, religious beliefs or health conditions — are on the rise.
In February 2019, the New York City Commission on Human Rights issued a statement of legal enforcement guidance expanding the definition of prohibited race discrimination to include discrimination based on hairstyle. The Commission explained that workplace “grooming or appearance policies that ban, limit, or otherwise restrict natural hairstyles or hairstyles associated with Black people generally violate [local law].” By expressly including hairstyle as a protected characteristic, the Commission effectively created a new legal claim for Black employees who suffer adverse employment actions because their natural hairstyles fail to comport with previously accepted workplace rules.…
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EEOC FY 2018 Enforcement & Litigation Data Reveal Trends In Employment Litigation
On April 10, the EEOC released its charge filing statistics for Fiscal Year 2018, which ran from October 1, 2017 to September 30, 2018. These annually disclosed statistics reveal continued trends in the employment litigation space and provide an opportunity for employers to ensure their policies and practices address issues arising in the ever-changing modern workplace.
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Thriving During Times Of Economic Uncertainty: A Guide For Employment Counsel
Only one thing is certain: Nothing is certain. The global transactions market remained robust in 2018 and still into 2019, despite well publicized macro-economic uncertainty, stemming from Brexit concerns, among other developments. Real threats to free trade and investment flows remain, with the potential for a much more serious outbreak of protectionism and isolation on…