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When a supervisor is identified in a lawsuit as the alleged harasser, the employer may still avoid liability, under certain circumstances, as long as the harassment did not result in a 'tangible employment action.' To this end, most, if not all, employers are intimately familiar with the U.S. Supreme Court's <i>Faragher</i> and <i>Ellerth</i> decisions issued in 1998. Yet during the past eight years since the decisions, employers have faced the brunt of scrutiny from courts evaluating the application of this affirmative defense.
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On May 29, the Supreme Court made it significantly easier for employers to defend against Title VII workplace discrimination claims that are based on long-ago decisions about salary and raises. By a 5-4 vote, the Court said that employees claiming they received disparate treatment based on gender or race must do so within 180 days of the original discriminatory action ' not within 180 days of their last paycheck. Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074.
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Like most government agencies, however, the EEOC faces significant obstacles. Its budget is rigorously scrutinized each year. Staffing is down and the backlog of individual discrimination charges is up. Concerned members of Congress have petitioned key House appropriators for funding increases to boost the organization's frontline staffing. In light of all of this, newly appointed EEOC chair Naomi Earp has her work cut out for her. As Earp succinctly stated, '[o]ur challenge in 2007 is to make the most effective and efficient use of agency resources.' In other words, the EEOC must get more bang for its buck to remain effective. Enter the agency's new Systemic Discrimination Initiative. This two-part article discusses how EEOC plans to implement the Initiative.
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Each year, the federal government spends several hundred billion dollars to obtain goods and services from corporations and other nongovernmental entities. Under the critical eye of the nation's taxpayers, the federal government has amplified its own scrutiny of the ethics and integrity of its procurement officers and those companies with which it contracts. Via new national legislation and investigative initiatives, the attention of Capitol Hill and federal law enforcement offices across the nation is keenly focused on the prevention, detection and punishment of procurement fraud. It is a brand new day ' and a potentially dark one for the unwary governmental contractor.
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The San Francisco businessman who flies to Maui to meet his married girlfriend for a romantic week in paradise; the Memphis nurse who travels to the coast for a night of gambling and drinking with her married Biloxi boyfriend; the Indianapolis lawyer who drives to Chicago to meet a married paralegal for fun and frolic on the Miracle Mile; and the married Texas oil man who meets his also-married paramour in her hometown of Santa Fe for a couple of days of shopping and dining ' these undercover lovers could find themselves as defendants in alienation of affection lawsuits filed by aggrieved spouses in states where that arcane tort still exists. Hawaii, Mississippi, Illinois and New Mexico are four of only seven states that still maintain a cause of action for alienation of affection. The other three states are North Carolina, South Dakota and Utah.
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From a veritable river of digital information ' including e-mails, documents, voice mails, video files, databases and other more obscure data sources ' lawyers need to extract only those specific pieces of data that will be relevant to their case. Litigators seek the e-mails, documents or other digital objects that will help exonerate their client. Knowledge of the data that a client has, good or bad, helps counsel properly build a case.
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Depositions in civil litigation serve multiple purposes. If one thousand litigators were polled, one would probably hear as many different opinions on the various purposes of depositions and the relative importance of those purposes. But one thing that all litigators should agree on is that real-time transcription and deposition transcript management applications can be significant tools for accomplishing whatever goals one has in a given deposition.
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Discussion and analysis of the latest rulings.