On June 13, 2017, Uber released to its employees excerpts of a damning independent investigation report authored by independent investigators Eric Holder and Tammy Albarran, attorneys with the law firm of Covington & Burling LLP. On February 19, 2017, former Uber engineer Susan Fowler published a blog post detailing allegations of harassment, discrimination and retaliation at the company during her tenure. She also decried the ineffectiveness of Uber’s policies and procedures in addressing such workplace issues. The very next day Uber hired Former Attorney General Holder and his law firm to conduct a review of the issues raised by Fowler as well as diversity and inclusion more broadly at Uber.
Continue Reading Holder’s Advice to Uber: Focus on Tone at the Top, Trust, Transformation and Accountability
Retaliation
New Hampshire Supreme Court Holds that Individual Employees can be Liable in Workplace Discrimination and Retaliation Cases
Earlier this week, the New Hampshire Supreme Court issued an opinion holding that the New Hampshire Law Against Discrimination, RSA Chapter 354-A, can impose liability upon individual employees for aiding and abetting discrimination in the workplace, and for retaliation against another employee in the workplace of a qualifying employer.
The issue came before the New…
EEOC Proposes New Enforcement Guidance on Retaliation
As has been the case since 2009, the Equal Employment Opportunity Commission again reported that retaliation remained the most frequently filed discrimination charge in fiscal year 2015. With the continued upward trend of these claims, the EEOC has issued new proposed guidance which broadly…
Businesses Take Note — New Hampshire Has New Pay Equity Laws
Governor Maggie Hassan recently signed two bills into law that may have significant impacts on New Hampshire businesses. The first, HB 1188 , which takes effect on January 1, 2015, prohibits employers from discharging, disciplining, or otherwise discriminating against an employee because…
NH Releases Employment Discrimination Data for 2013
The New Hampshire Commission for Human Rights has released data on discrimination charges filed by employees in 2013. Last year, the Commission received 222 discrimination charges against employers. This number was slightly down from the year before at 257. Retaliation across all categories topped the list at 93 claims. Following closly behind with 89…
Prompt Remedial Action Shields Employer From Employee’s Harassment Claims But Not From Retaliation
Even when an employer takes prompt remedial action to defeat a sexual harassment claim, it may still be liable for retaliation. A NH employer was reminded of this recently in Rand v. Town of Exeter (11-CV-55-PB) (10/2/13).
Brenda Rand worked as a solid waste transfer operator for the Town’s Highway Department. Rand alleged that a…
Supreme Court Holds “But For” Causation Standard Applies to Title VII Retaliation Claims
On the heels of narrowing the definition of “supervisor” for purposes of liability under Title VII of the Civil Rights Act of 1964, a divided U.S. Supreme Court dealt a second major blow to employees this week by making it harder for them to prove retaliation claims under that same statute.