Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Gender Discrimination Claims After Ledbetter
Recent action taken by the Equal Employment Opportunity Commission ('EEOC') and the U.S. Supreme Court show that gender discrimination issues continue to influence employee relations. On May 23, 2007, the EEOC issued Enforcement Guidance regarding the 'Unlawful Disparate Treatment of Workers with Caregiving Responsibilities.' While the Enforcement Guidance does not create a new class of employees protected by Title VII of the 1964 Civil Rights Act ('Title VII') or the Americans with Disabilities Act ('ADA'), it calls attention to the pitfalls of potential discrimination against employees who are also caregivers to children, parents, or disabled family members. A few days later, on May 29, 2007, the U.S. Supreme Court decided Ledbetter v. Goodyear Tire & Rubber Co., Inc., 127 S. Ct. 2162 (2007), clarifying the statute of limitations period in which an aggrieved employee may bring a disparate treatment claim for gender-based pay discrimination. Both the Enforcement Guidance and the Ledbetter decision have practical consequences for employers, especially in light of the increasing number of women in the workforce and changing societal gender roles and irrespective of the success or failure of Congressional efforts to undo the Ledbetter decision. The New York Times reports that the 'gender revolution' is developing into a 'gender convergence' as men as women share increasing similarities in their desire to balance work and a home life. Patricia Cohen: Signs of D'tente in the Battle Between Venus and Mars. N.Y. Times, May 31, 2007, at A13. Various social studies show that the values of men and women now meet in the middle with both sharing a mutual desire to have a career and raise children. Id. As a result, cutting-edge employers are providing benefits like parental leave or flexible working times to retain top talent. See Id. In that quest, however, employers must be cautious not to run afoul of labor and employment laws even when an employer acts with the best of intentions.
EEOC Guidance
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.