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  • Supreme Court Declines to Expand Whistleblower Protection

    On February 21, the Supreme Court ruled that the Dodd-Franks Act’s anti-retaliation provision only applies to individuals who have reported a violation to the Securities and Exchange Commission (“SEC”). The court found that the Dodd-Frank Act does not protect employees who make internal complaints of corporate wrongdoing. In 2010, Congress enacted the Dodd-Frank Act in […]

    Northwestern University Professor Requests Leave of Absence After Ten Women Sign Open Letter Accusing Him of Sexual Harassment, Abusive Behavior, and Bullying

    A professor at Northwestern’s Medill School of Journalism, Alec Klein, is taking a leave of absence after eight former students and two former employees issued a public letter accusing him of sexual harassment, abusive behavior, and bullying. The letter outlines twelve instances of sexual misconduct by Klein including: allegedly making sexually graphic remarks, attempting to […]

    NY Court of Appeals: ‘Private’ Social Media Is Discoverable – Foreman v. Henkin

    On February 13, 2018, the Court of Appeals issued Kelly Foreman v. Mark Henkin, an opinion which confirms the broad scope of discovery as it pertains to social media. The ruling—which pertained to social media content that had been identified as “private” by a  plaintiff on her Facebook account—  resolves an ongoing conflict among lower […]

    Michigan State University Under Investigation after Dr. Nassar Sexual Assault Scandal

    Last month, former Team USA gymnastics doctor Larry Nassar was sentenced to 40-175 years in prison for sexually abusing women and girls for decades during his time at Michigan State University (“MSU”) and as team USA Gymnast doctor. At this time, MSU is now under investigation, as the Michigan attorney general, the U.S. Department of […]

    Getting Ahead of the EEOC’s New Sexual Harassment Guidelines

    The Equal Employment Opportunity Commission (“EEOC”) recently announced that it would be updating its guidelines on workplace sexual harassment for the first time since the 1990s. The announcement comes on the heels of the “Me Too” movement and at a time when sexual harassment is squarely in the public spotlight. Within the past few years, […]

    Is Your Sexual Harassment Training Working?

    The majority of companies today provide some form of sexual harassment training for their employees. This training is intended to help eliminate, or at least reduce, workplace sexual harassment by educating employees on what constitutes sexual harassment and how it can be prevented. However, studies have shown that sexual harassment training is actually not as […]

    Understanding Employer Liability for Workplace Sexual Harassment

    The topic of sexual harassment has become a hot button issue largely due to the recent rise of the “Me Too” movement which took off after allegations of sexual harassment were made against a number of prominent public figures. The Me Too movement has helped to expose the perceived prevalence of sexual harassment and assault, […]

    New York State Paid Family Leave and Minimum Wage Updates for 2018

    New York Paid Family Leave As of January 1, 2018, New York private employers must offer Paid Family Leave to their employees. The Paid Family Leave Act allows workers to take paid leave in order to: care for a new child, provide care for a family member with a serious health condition, or when a family […]

    Restaurant Chain Settles Transgender Employee’s Claim of Sexual Harassment and Retaliation

    Last month, Bojangles’ Restaurants Inc., settled a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) on behalf of a transgender employee. Jonathan (De’Ashia) Wolfe, a transgender woman, worked at Bojangles’ restaurant in Fayetteville, North Carolina. Bojangles’ is a fast food restaurant chain with many locations throughout the United States. […]

    Amendments to Federal Rules of Evidence Effect ESI Authentication

    On December 1, new amendments to Federal Rules of Evidence 803(16) and 902 went into effect that are designed to change the way that electronically stored information (“ESI”) is authenticated in federal court. These amendments were made in response to growing concerns over a potential evidentiary loophole for ESI that has been stored for a […]