Tag: misconduct

rape

DOJ Updates Its Corporate Compliance Programs Guidance

On September 23, 2024, the Criminal Division of the U.S. Department of Justice (DOJ) released revised Evaluation of Corporate Compliance Programs guidance, last updated in March 2023. The latest guidance covers three primary areas of on-going interest for the DOJ: (1) how companies are identifying and mitigating emerging risks related to new technologies, including artificial […]

Privilege of Dignity: Hospital’s Peer Review Was Protected

Whenever an employer investigates employee misconduct, there’s a chance it will find—and may have to disclose—negative facts. This is true when a hospital investigates the medical conduct of a doctor, or an employer investigates an employee for potential harassment. In both instances, and in the absence of malice, those investigations are protected by the litigation […]

9th Circuit Rules Private Texts Aren’t Protected Speech

One of the nightmares of HR professionals is to be told about a workplace problem “privately as a friend.” Whether something is an informal chat between friends or public notice of a problem is very hard to determine. That was essentially the question in deciding whether a Rancho Cordova sheriff was engaging in protected speech […]

Utah Bans Nondisclosure Agreements for Sexual Harassment and Misconduct

Harvey Weinstein, originally known for being a cofounder of Miramax, has infamously become synonymous with sexual misconduct. Over the course of at least 20 years, he sexually assaulted and harassed multiple women, successfully concealing his actions by using nondisclosure agreements. It wasn’t until one brave woman spoke up that an end was put to his […]

How Employers Can Prevent Misconduct Within a Remote Workforce

With an estimated 36.2 million Americans working remotely by 2025, working from home has become the new norm. Although remote work has its benefits, it also diminishes open lines of communication between employers and employees, leading to issues in the workplace that go unacknowledged as a consequence of a dispersed workforce. Cyberbullying, harassment, and discrimination […]

MeToo

#MeToo’s Unexpected Consequence Regarding Sexual Harassment Discussions

The #MeToo movement fundamentally changed the conversation around sexual harassment, misconduct, and assault in the United States and around the world. Before the start of the movement, such behavior was not accepted, but #MeToo brought a heightened sense of awareness to these issues, as well as much greater accountability, particularly for those in positions of authority.

rules

The ‘Unwritten Rules’ of Employment

I like watching baseball. Few things in life beat going to a weekday day game during the summer at Oracle Park (or even the Oakland Coliseum). Yet sadly, due to the coronavirus/COVID-19 outbreak, Major League Baseball has canceled the remainder of its spring training games and the 2020 regular season will be delayed by at […]

workplace

Sexual Harassment Training Post #MeToo

In 2017, America and the world saw the emergence of the #MeToo movement. In the wake of the headline-grabbing accusations against high-power movie executive Harvey Weinstein, the #MeToo movement led to hundreds of accusations of sexual misconduct, harassment, and assault against high-profile men across a number of industries.