Defense Counsel’s ex parte Investigation of EEOC Claimants Leads to Sanctions by New Jersey District Court

In an earlier blog post, I addressed how to respond to a former employee’s demand for a copy of a personnel file. In response to recent changes in the law, please read this update to my former post. The following timely questions were recently posed to the California Advice Group. If…..

The basis of an employer’s liability for a claim of hostile work environment under Title VII depends upon whether the harasser is the complainant’s supervisor or merely a co-worker. When a hostile work environment is created by a co-worker, the employer is liable only if the employer failed to provide an avenue for reporting the harassment, or if the employer knew or should have known of the harassment but failed to take prompt and appropriate remedial action. Under Title VII, an employer “knew or should have known” about workplace harassment if “management level employees had actual or constructive knowledge about the existence of a sexually hostile environment.”

The foundation of the relationship between an employer and a union is the collective bargaining agreement negotiated by the parties. Central to those agreements are dispute resolution processes that allow for expedited procedures to resolve conflicts. Disputes between employers and unions are typically resolved through a grievance process that culminates…..