Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Employers Must Bolster Their Policies Against Retaliation
Over the last few years, employers who have faced claims of race, gender, age or other prohibited discrimination typically find themselves also litigating separate and distinct claims of retaliation. Plaintiffs now allege not only discriminatory acts by the employer, but also acts in retaliation for the plaintiff's having raised discrimination complaints within the company. Plaintiffs launch such two-pronged attacks to increase their chances of steering at least some of their lawsuit past summary judgment, and thereby gain the leverage that accompanies the specter of an unpredictable jury trial. Even in the absence of discrimination itself, juries often find employers guilty of retaliation with no more evidence than the short time between the employee's complaint and the alleged retaliatory act.
Of course, most federal anti-discrimination laws and analogous state laws have always protected employees from retaliation, and prudent employers have adopted policies and practices to effectuate such protections. However, with the United States Supreme Court's recent decision in CBOCS West, Inc. v. Humphries, 128 S. Ct. 1951 (2008), the stakes in retaliation claims arising from complaints of race discrimination have increased dramatically. Employers consequently must revisit and reinvigorate their policies and practices to minimize the risks of exposure to retaliation claims.
This premium content is locked for LJN Newsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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.
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.