As I’ve noted before, both the U.S. and the Connecticut Department of Labor have had a renewed focus on investigating employers for compliance with state and federal wage & hour laws. But what should you expect when the DOL comes calling for an investigation (either as part of a random audit or a complaint)? First… Continue Reading
Tag Archives: investigation
CHRO Attorney Agrees Emphasis at Agency “Has Shifted From MAR to Mediation”
Posted in CHRO & EEOC, Legislative DevelopmentsEarlier this week, I wrote about the perception among some that the CHRO has been retaining more cases for investigation by letting more cases through the Merit Assessment Review. These cases that used to be dismissed — mainly “frivolous” ones as I’ve collectively termed them — mean more headaches for employers who have to spend… Continue Reading
Are Any Cases Getting Thrown Out as “Frivolous” at the CHRO Anymore?
Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations, LitigationAs I’ve noted before, the CHRO procedures were changed effective October 1, 2011. One question that we had at the time was whether the CHRO would be retaining more discrimination claims by employees for investigation — getting past the Merit Assessment Review stage. Previously, employers have had at least a little luck getting plainly… Continue Reading
When Your Manager Has Been Accused of Sexual Harassment
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceConsider this scenario. An administrative assistant who’s been working solidly for the company for two years comes to you, as an HR manager, and says she’s been harassed by a manager over her looks. You need to talk with manager about the allegations. What do you do? That’s the scenario posed in a recent article posted… Continue Reading
Prompt Corrective Action May Be Painful To Company, But Necessary
Posted in Human Resources (HR) ComplianceImagine this scenario: You just received a sexual harassment complaint about your company’s top sales performer. What do you do? Well, the law requires that you, as the employer, conduct an investigation and, if necessary, take prompt corrective action to remedy the situation — which may in some circumstances be termination. But this is… Continue Reading
Second Circuit: What is an Adverse Employment Action? It’s Not a “Failure to Investigate”
Posted in Discrimination & HarassmentOn Friday, the Second Circuit held that a company’s failure to investigate an in-house race discrimination complaint is not an "adverse employment action" that can subject. (H/T Wait a Second). The case, Fincher v. Depository Trust (download here), provides some much needed guidance on what rises to the level of an action that an employee can… Continue Reading
Progressive Discipline Policies: What They Are And Understanding Risks and Benefits to Them
Posted in Discrimination & Harassment"Progressive Discipline" is a policy or practice that, over the years, has fallen out of favor with some employers. What is it? It’s a practice — found also in some collective bargaining agreements — that typically provides a multi-step disciplinary process for many employment policy violations: a verbal warning, a written warning, a suspension, and… Continue Reading
Second Circuit Defines Employers’ Obligations in Sexual Harassment Claim; Reverses Summary Judgment for Employer
Posted in Discrimination & HarassmentReading the Second Circuit’s decision in Duch v. Jakubek (decided on Friday, December 4th), a distinct image came to mind: The ostrich who sticks its head in the sand. Why the ostrich? Because, the Duch case discusses what to do with a supervisor who purposely ignores evidence of sexual harassment. And the court concludes that the… Continue Reading
Legislative Update: Conn. House Approves Bill Banning Use of Credit Reports for Employment Decisions
Posted in Legislative DevelopmentsLast week, the Connecticut House approved House Bill 5521 (H.B. 5521), which would bar Connecticut employers from using credit reports in their employment decisions such as hiring and firing. You can download the bill’s text here. The bill’s main provisions would prohibit employers from asking employees or prospective employee to consent to the creation of… Continue Reading
How Should Employers Respond to CHRO Complaints? Carefully
Posted in CHRO & EEOCI recently came across a blog post entitled "How to Respond to an EEOC Complaint" that got me thinking about how I would respond if the same question were asked about Connecticut’s state discrimination agency, the CHRO (Commission on Human Rights and Opportunities). In the particular post, the author sets forth several good, common-sense suggestions that… Continue Reading
U.S. Supreme Court Rules that Answering Questions in Internal Investigations Is Protectable Under Title VII Retaliation Provisions
Posted in Discrimination & HarassmentIn an unanimous 9-0 decision, the U.S. Supreme Court today ruled Title VII protects workers from retaliation after the employee responds to questions in an internal investigation. The Court held that Title VII protects those workers who speak out on discrimination during company-ordered investigations, not simply those investigations that arise from an actual discrimination claim. The case of Crawford… Continue Reading
Out With the Old (Part II) – More Stories from 2008 That Might Have Been Overlooked
Posted in Human Resources (HR) ComplianceYesterday, I started recapping some stories from 2008 that never quite made it into full-fledged blog posts, but were worth a look at. Before we move on to new subjects for the new year, I’ll recap a few more stories that are worth taking a look at that you might have missed. Perhaps it’s a… Continue Reading
In Relying on Anonymous Complaints for Investigations, Reader Beware
Posted in LitigationIn the corporate world as well as government, anonymous complaints about personnel — whether to a hotline, or via the mail — are seen as the price of doing business. These anonymous whistleblowers sometimes can’t speak out because of their circumstances and some have legitimate points to make. And some companies readily encourage such complaints… Continue Reading
UPDATE: OHA and Secretary of State Urge Businesses Not to “Fall Victim to Phony Compliance Scheme”
Posted in Human Resources (HR) Compliance, Laws and Regulations, LitigationSecretary of State Susan Bysiewicz and Connecticut Healthcare Advocate Kevin Lembo released their own press release (download here) this afternoon regarding the investigation into Progressive Business Compliance. According to the press release, Bysiewicz and Lembo are "warning Connecticut’s business community about a deceptive marketing campaign that falsely claims there is a ‘new’ requirement that employers purchase compliance… Continue Reading
BREAKING NEWS: Connecticut Attorney General Investigating Company Charging for Free Posters
Posted in Human Resources (HR) Compliance, LitigationYesterday, I broke the story about Progressive Business Compliance charging money for a free poster for a state and then highlighted the company’s website which made certain representations about the state of the law in Connecticut. In my post yesterday, I indicated that one of my colleagues had received some marketing materials that suggested there were new requirements and that… Continue Reading
CHRO Awards Police Officer over $100k in Age Discrimination Case; Follows “Cat’s Paw” Theory
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationOnly a handful of CHRO Human Rights Referee Decisions are issued each year — a number that has seemed to slow to a trickle recently. But this month, the CHRO issued a lengthy decision in an age discrimination case. In that case, CHRO Referee concluded that the Town of Bloomfield, Connecticut discriminated against a police officer because of his age when… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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