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Supreme Court Ruling Bolsters Ability of Third-Party Employees to Bring Retaliation Suits
In a decision bound to affect all employers, on Jan, 24, 2011, the Supreme Court unanimously held that the anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 (“Title VII”) not only protect employees who challenge discrimination, but also co-workers who are related to or a close associate of the employee alleging discrimination. The Supreme Court's ruling in Thompson v. North American Stainless, LP, No. 09-291, expands upon its previous ruling in Burlington Northern and Santa Fe Railway Co. v. White. In Burlington, the Supreme Court held that the anti-retaliation provisions in Title VII prohibit actions that would dissuade a reasonable employee from making or supporting a charge. The Court's recent ruling in Thompson holds that individuals have a right to file a Title VII claim for “association” retaliation as well. By recognizing association retaliation, the Supreme Court has enlarged the field of potential plaintiffs in retaliation cases, and has allowed the petitioner to move forward with a lawsuit against his former employer for his termination, which came weeks after the company learned that his fianc'e, who had also worked for the company, filed a complaint of discrimination with the Equal Employment Opportunity Commission (“EEOC”).
Standard for Retaliation Prior to Thompson
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.