Litigation

EMPLOYEE WINS RIGHTS TO OBTAIN SUPERVISOR’S E-MAILS

An employee has won the right to “discover” allegedly harassing e-mails her supervisor sent while they worked for a former employer. Facts Andrea Gogel sued Kia, alleging it failed to promote her because of her race and gender. She also claimed that Kia later retaliated against her for filing complaints.  Although she didn’t directly sue her supervisor, Randy Jackson, she …

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THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S BROAD THIRD-PARTY SUBPOENA POWER

An employer’s dealings with the EEOC typically stem from an administrative charge filed by a current or former employee. However, businesses are sometimes hit with an unexpected, nettlesome, and costly surprise: an EEOC third-party subpoena. The EEOC has the power to issue subpoenas to third parties, meaning it can order them to produce documents and …

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SANCTIONED BY COURT FOR FAILING TO PRODUCE SOCIAL MEDIA EVIDENCE

In EEOC v. Original Honey Baked Ham Company of Georgia, Inc., which is presently being heard in federal court in Colorado, the Equal Employment Opportunity Commission (EEOC) commenced a lawsuit on behalf of a class of current and former employees asserting sexual harassment and retaliation.  During discovery, the employer requested the class members’ social media …

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FORMER EMPLOYEE ASSERTING SEXUAL HARASSMENT IN THE WORKPLACE ORDERED TO PRODUCE PRIVATE SOCIAL MEDIA COMMUNICATIONS AND PHOTOGRAPHS

A Brooklyn Federal Court Judge recently ordered a employee who is suing her former employer for sexual harassment to produce, as part of that litigation, certain social media communications and photographs. In Reid v. Ingerman Smith, the former employee is alleging that she was sexually harassed at her former workplace, which is a Long Island …

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