One thing often overlooked in conducting workplace investigations is reporting back to the complaining party at the end of the investigation. I have seen many cases where the employer conducted a thorough investigation and took prompt remediation action but never communicated to the employee that it had done so. From the employee’s perspective, he or she
U.S. Supreme Court Adopts Objective Test for Determining Title VII Supervisor Status
The U.S. Supreme Court adopted an objective test for determining an employee’s Title VII “supervisory status” in Vance v. Ball State University. The question in Vance was what level of authority must an individual have to qualify as a “supervisor” for purposes of Title VII vicarious liability. This is an important issue because the employee’s status
Fifth Circuit Holds that Volunteer Firefighter is not an “Employee” for Purposes of Title VII
In an issue of first impression in this Fifth Circuit, the Court held that a volunteer firefighter making a Title VII claim of sexual harassment is not an “employee” for purposes of the statute and therefore had no legal claim.
The case arose from a suit filed by a former firefighter for the Livingston Parish
Fifth Circuit Rejects Case Asserting Sex-Stereotyping Theory of Sexual Harassment
In another same-sex harassment opinion, the Fifth Circuit reversed a substantial jury verdict in favor of a steel worker who claimed he was subjected to unlawful sexual harassment by his same-sex supervisor.
Woods was employed as an ironworker for the company in 2005. In 2006 he was assigned to work on a crew responsible for repairing
Employment Lawyers Must Document Their Efforts to Recover Attorney’s Fees under Texas Commission on Human Rights Act
Prevailing plaintiffs in employment discrimination, harassment and retaliation cases can recover attorney’s fees their attorney’s incur in prosecuting those claims. In many instances the attorney’s fees sought can exceed the monetary relief the plaintiff obtains and can act as a serious impediment to prompt settlement.
Since most of these cases are done on a contingency
Archive for Webinar on Investigating Employee Complaints in the 21st Century Now Available
Yesterday I hosted a webinar on Investigating Employee Complaints in the 21st Century: Comprehensive Investigations of Complaints of Discrimination, Harassment and Misconduct. There was a great turnout and many good questions posed from the participants. If you missed the presentation, you can watch the archive here.
I am actively seeking suggestions for interesting human resource or
Fifth Circuit Case Demonstrates Consequences of Failing to Make Prompt and Thorough Investigations of Employee Complaints
A new Fifth Circuit case reveals the consequence that can occur when an employer and its managers fail to take harassment complaints seriously; fail to promptly and thoroughly investigate the complaints; and reach conclusions following the investigation that just plain wrong. In Cherry v. Shaw Coastal Inc., a male employee (Cherry) complained that his immediate
What Rights Does the Accused Have in Response to a False Harassment Complaint?
I have already written about the Herman Cain story and won’t opine further on it here except to say, I have no idea who is telling the truth in the he-said-she-said (and she-said; and she said) story. The headlines do remind me about what little rights the accused harasser has when, as Herman Cain claims, a false complaint of harassment has been made. And before you start sending me the hate mail over this HSO, read the remainder of this post.Continue Reading What Rights Does the Accused Have in Response to a False Harassment Complaint?
Choosing the Investigator
Prompt and thorough investigations of complaints of harassment and discrimination can provide solid legal defenses to employee lawsuits. Even where there may not be a technical, legal defense (e.g., supervisory harassment resulting in an adverse employment action), investigating employee complaints of inappropriate behavior can paint the employer in a favorable light and is just a good
Fifth Circuit Recognizes Hostile Work Environment Claim Under Age Discrimination in Employment Act
This week the Fifth Circuit held that a cause of action exists for hostile work environment under the ADEA –the first such express holding in the Circuit. In Dediol v. Best Chevrolet, the plaintiff filed a hostile work environment and constructive discharge claim against the employer.
During the brief two months of employment, Dediol