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You Investigated the Harassment. Did the Response Work?

the employer handbook

A meeting, a report, and a camera gave this employer plenty to describe. The employee’s testimony about what happened afterward gave a jury something to decide. TL;DR: An employer investigated alleged racial harassment, prohibited the language, and later installed a camera. But the employee testified that the comments continued. Her

Can Refusing a Settlement Meeting Support a Retaliation Claim?

the employer handbook

A boss wanted to discuss settling an employee’s harassment claims without lawyers present. That invitation came with more baggage than the calendar entry suggested. TL;DR: The Second Circuit revived an employee’s retaliation claims after finding that her refusal to discuss settlement plausibly communicated continued opposition to discrimination. She still has

Maybe Don’t Ask ChatGPT How to Make Emails Disappear During Litigation

the employer handbook

There are probably better things to ask ChatGPT during litigation than how quickly permanently deleted emails disappear. Especially when the other side is looking for those emails. TL;DR: A former employee denied signing a non-solicitation and confidentiality agreement. A forensic examination later uncovered ChatGPT searches about permanently deleted Yahoo emails.

Greetings From Mexico. About That Sick-Leave Policy…

the employer handbook

A Mexico vacation while on sick leave is an easy headline. The employer’s defense required a closer look at two separate decisions. TL;DR: A police department defeated discrimination, accommodation, and retaliation claims brought by an officer demoted for violating its sick-leave policy and later discharged because she could not perform