The federal Sarbanes-Oxley Act of 2002 (“SOX”) was enacted in response to a number of major corporate and accounting scandals including those affecting Enron, Tyco International, Adelphia, Peregrine Systems, and WorldCom. The Act’s “Whistleblower Protection for Employees of Publicly Traded Companies” provision protects whistleblower employees of publicly traded companies. It provides that no
Reduction in Force-Not a Slam Dunk Defense
EEO Investigators should examine all kinds of evidence in an investigation: direct evidence, circumstantial evidence, and statistical evidence (if possible, but usually not practical if expert opinion is required).
In a recent 9th Circuit case (EEOC v. The Boeing Co.), the Equal Employment Opportunity Commission (“EEOC”), on behalf of two Boeing
Local District Attorney Cleared of Retaliation in Investigative Report
A couple of weeks ago, I made a posting about the completion of the workplace investigation of District Attorney Michael Ramos in San Bernardino County. Turns out that the scope of the investigation was limited to the issue of "retaliation". We now have an intra-office memorandum from Andrew Lamberto, the Director of Human Resources
Retaliation Against Witness Who Cooperated in Sexual Harassment Investigation Costs $1.5 Million
On Monday, a jury awarded former Nashville Tennessee school employee Vicky Crawford $1.5 million after she claimed she was wrongfully terminated in 2003 because she cooperated in the sexual harassment investigation of a school official. Last January, the U.S. Supreme Court ruled that Crawford could sue for "retaliation" even though she was not the one
Retaliation and Race Discrimination Claims at All Time High
According to SCI Companies Client Newsletter (HR Strategy) today, the EEOC reports that fiscal year 2009 was the second highest year on record for discrimination charges.
SCI states:
. . . The EEOC received record numbers of charges alleging discrimination based on origin (11,134 charges), religion (3,386 charges) and sex-based discrimination (28,028 charges.) However
Part 4: Resolving Bitterness and Wounded Feelings After a Workplace Investigation
This is Part 4 of a 4-part posting on recommendations to consider before, during, and after a workplace investigation.
Most of the suggestions in this 4-part posting go beyond the bounds of what a workplace investigator is retained to do. Sometimes the employer does not want written recommendations; however, the workplace investigator can offer many
Part 3: Resolving Bitterness and Wounded Feelings After a Workplace Investigation
Train Supervisors on What Constitutes Retaliation: The U.S. Equal Employment Opportunity Commission (EEOC) has reported that claims including a retaliation charge rose by 23% in fiscal year 2008. Vincent Cino, national director of litigation for Jackson Lewis LLP, says roughly 70% of discrimination suits handled by his firm include a retaliation
Part 2: Resolving Bitterness and Wounded Feelings After a Workplace Investigation
This is the second of a 4-part posting concerning recommendations an employer should consider before, during, and after an employment investigation to resolve any lingering bitterness by employees.
Teachable Moment
Suppose an employee complains that her supervisor has exposed her to racial harassment. The investigation determines that while inappropriate remarks were likely made, the remarks
Resolving Bitterness and Wounded Feelings in the Office After a Workplace Investigation
This is the first of a 4-part post concerning what steps an employer and/or investigator can take to heal the bitterness in a workplace before, during, and after an employment investigation.
Employers often think that the most important part of a workplace investigation is deciding whether a complaint of harassment or discrimination is valid