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Report Link Investigating Claims of Harassment.Fisher & Phillips, LLP - August 07, 2009 Your human resources director has brought you a tough one: one of your sales employees has complained that her Sales Manager harassed her sexually, and had made disparaging racial remarks about a customer. You're stunned because the manager has been a good performer, generating good numbers and seems like a real straight arrow guy. What do you do? Report Link Damned If You Do, Damned If You Don't: Terminating Accused Harasser Can Lead to Liability for "Sex Stereotyping"Littler Mendelson, P.C. - June 23, 2009 Most employers are well aware of their obligation to promptly and thoroughly investigate complaints of sexual harassment. Although the right to an adequate investigation is most commonly associated with the alleged victim, a recent decision by the Second Circuit Court of Appeals (covering New York, Connecticut, and Vermont) illustrates that an employer's failure to investigate can lead to claims by the accused harasser as well. Report Link AVOID THE RUSH: Get Your FACTA-Compliant Identity-Theft Prevention Program Ready Now.Constangy, Brooks & Smith, LLP - November 21, 2008 The Fair and Accurate Credit Transaction Act of 2003 added several provisions to the Fair Credit Reporting Act of 1970, two of which require compliance starting this month. Report Link Plaintiffs . . . Face the FACTA . . . Its Over.Elarbee, Thompson, Sapp & Wilson, LLP. - June 05, 2008 The Fair and Accurate Credit Transaction Act of 2003 (FACTA) added new requirements intended primarily to help consumers fight the growing crime of identity theft. In one of its many provisions, FACTA implements a national standard requiring the removal of certain credit/debit card information from consumer point-of-sale receipts. Report Link When Even Doing It Right Leads To Trouble.Fisher & Phillips, LLP - November 07, 2007 A recent case involving a Texas dealership reminds us how careful a dealer and its managers must be when investigating a harassment complaint. Report Link Investigations Not To Be "Micro-Managed".Ogletree Deakins - June 15, 2007 The Eleventh Circuit Court of Appeals recently dismissed a sexual harassment lawsuit brought against an employer, stressing that federal courts should avoid second guessing or "micro-managing internal investigations." According to the Eleventh Circuit, the court's focus should be on the "reasonableness of the investigation," rather than vetting the specific nuances of the company's response. Report Link Think "Big Picture" When Addressing Workplace Harassment (pdf).Vedder Price - April 29, 2005 A recent opinion of the U.S. Court of Appeals for the
Seventh Circuit illustrates the importance of investigating
and addressing workplace harassment in the context of
other complaints rather than as isolated incidents. Report Link "Summary of Rights" Under Fair Credit Reporting Act Has Been Updated.Jackson Lewis LLP - March 24, 2005 The Fair and Accurate Credit Transactions Act of 2003, or FACT Act, required the Federal Trade Commission to update certain documents often required when conducting background checks of employees and job applicants. Report Link FCRA "Summary of Rights" Has Been Updated Under FACT Act Requirements.Jackson Lewis LLP - February 23, 2005 The Fair and Accurate Credit Transactions Act of 2003, or FACT Act, required the Federal Trade Commission to issue and update certain documents. Report Link FACT Act Eliminates "Catch-22" for Employers Conducting Workplace InvestigationsJackson Lewis LLP - July 26, 2004 With the enactment of the Fair and Accurate Credit Transactions Act, the "FACT Act," on March 31, 2004, employers have enjoyed relief from the FCRA's stringent investigation requirements. Report Link It's A Fact: The Fact Act Becomes Law Buchanan Ingersoll & Rooney PC - January 23, 2004 Prior to President Bush signing into law the Fair and Accurate Credit Transactions Act ("FACT Act") on December 4, 2003, there was some uncertainty about the application to third parties conducting workplace investigations of the Fair Credit Reporting Act ("FCRA") 15 U.S.C. § 1681. Report Link Employers May Have to Reveal Specifics of Internal Harassment Investigations During Litigation. Jackson Lewis LLP - March 01, 2000 Discusses Volpe v. US Airways, 81 FEP Cases 169 (M.D. Fl. 1999), in which the court held that the employer was required to produce documents regarding harassment investigation when relying on the investigation to establish an affirmative defense.
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