Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Definition of 'Management-Level' Employee Under Title VII
The United States Court of Appeals for the Third Circuit recently decided a sexual harassment case that has consequences for nearly every employer, regardless of industry. This decision serves as an important reminder for all employers regarding the reporting and proper handling of discrimination and harassment complaints.
On June 8, 2009, the Third Circuit decided Huston v. The Procter & Gamble Paper Products Corp., 568 F.3d 100 (3d Cir. 2009), a case involving allegations under Title VII of the Civil Rights Act of 1964, as amended, in which the plaintiff, Priscilla Huston, sought to impute liability for co-worker sexual harassment to her employer, Procter & Gamble (“P&G”). Under Title VII, an employer can be held directly liable for maintaining a sexually hostile work environment if a management-level employee has actual or constructive knowledge that such an environment exists in the workforce and does not take prompt remedial measures. In finding for P&G, the Third Circuit clarified the definition of a “management-level” employee, for the purpose of imputing liability to employers under Title VII, in a manner favorable to employers. The lessons from this case in identifying who is a management-level employee and who is tasked with receiving complaints of harassment should be heeded by all employers.
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.