Category: Employment Investigations

May 2, 2017 Cara Panebianco No comments exist

Today the Department of Fair Employment and Housing (DFEH) released a Workplace Harassment Guide. The new guide, available here, provides recommended practices for preventing and addressing workplace harassment. The guide was developed by DFEH’s California Sexual Harassment Task Force, of which Amy Oppenheimer is a member. It provides insight into employer responsibilities addressed in the…

January 20, 2014 Amy Oppenheimer 1 comment

Workplace investigations continue to be a hot issue for the courts.  On December 23, 2013, a Federal Court in Connecticut, in an age discrimination case against IBM, precluded evidence of an internal investigation that found IBM had treated the plaintiff fairly.  IBM wanted to show it did a fair investigation and that based on the…

January 30, 2013 Amy Oppenheimer No comments exist

A California Appeals court affirmed the granting of summary judgment in favor of an employer who terminated an employee based on findings from an investigation. In the investigation, an outside attorney/investigator found that the employee had violated the employer’s sexual harassment policy and had not cooperated with the investigation. Based on these findings, the employee…

November 5, 2012 Amy Oppenheimer No comments exist

Two recent cases on racial, religious and ethnic origin harassment speak to how far we have come and how far we have yet to go. In May v. Chrysler Group, a U.S. Court of Appeals case originating in Utah, there was very serious ethnic origin and religious (anti-Semitic) harassment over a prolonged period of time. …

January 29, 2012 Amy Oppenheimer No comments exist

A California Court has held that an investigative report in a sexual harassment complaint against a public school teacher is subject to disclosure under the Public Records Act The case is Marken v. Santa Monica-Malibu Unified School District A high school teacher was accused of sexually harassing a 13 year old student.  An outside investigator…