In EEOC v. FAPS, Inc., 2013 WL 4833535 (D.N.J. Sept. 10, 2013) (unpub.), the employer’s attorneys hired a private investigator to conduct ex parte interviews with claimants in a pending civil suit brought by the Equal Employment Opportunity Commission (EEOC). While such ex parte communications are permissible if they occur before an attorney-client relationship exists between the EEOC and the individuals, the court sanctioned the employer’s attorneys because neither they nor their investigation exercised “sufficient diligence in determining whether the claimants were represented [and] the private investigators may have concealed the fact that they were working for [the employer].”
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…..
Supervisors Without Authority to Affect Employment Status of Other Workers Are not “Managers” for Purpose of Title VII
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…..