As discussed in previous blog posts, on May 6, 2020, the U.S. Department of Education (DOE) announced a package of sweeping changes to Title IX (the Final Rule), scheduled to…

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Top 10 Developments of 2018 in Employment and Higher Education Law: NUMBER 10 – HIGHER ED ROUNDUP 2018 was a year full of legislative action at the federal level. In…

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We enter 2017 with a new President, a polarized electorate, an incomplete Supreme Court, and an increasingly isolated California. Against this dramatic backdrop, Glen Kraemer will examine the most important…

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The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law.  Instead, in Richey v. Autonation, Inc., the Court…

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Steve Hirschfeld and Amy Durgan will be presenting the latest information employers need to know about managing risk from hiring to firing, including: Hiring process including criminal background checks, candidate…

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After reading the Ted Wells investigation report of the Richie Incognito and Jonathan Martin matter, I had several reactions.  Most focused on Incognito’s reprehensible and vile bullying of Martin, primarily…

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Category: Investigations,

As an employment law attorney, I regularly advise employers on personnel issues, including the conduct of internal investigations into employee complaints.  Colleagues at my firm have a similar practice.  We…

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Category: Investigations,

For the first time since January 2012, the National Labor Relations Board (NLRB) unquestionably has a quorum to issue rulings.  This comes on the heels of the U.S. Senate’s votes…

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Confidentiality is the hallmark to any meaningful attempt to investigate workplace misconduct.  Not only for the alleged victim of harassment or discrimination, but for the alleged perpetrator too.  Apparently, the…

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Category: Investigations, NLRB,

The California Supreme Court has agreed to review a lower court’s decision which prohibited the so-called “honest belief” defense used by California employers in response to claims under the California…

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