As part of Outten & Golden's collaboration with Labaton Sucharow on the Corporate Whistleblower Watch newsletter, Sage Counsel is an occasional feature addressing common issues at play in a wide range of whistleblower issues
Erhart v. Botfl Holding, Inc, No. 15 Civ. 02287, 2017 WL. 588390 (SD. Cal. Feb. 14, 2017)
Given recent headlines about Uber and Google, it might be tempting to assume that tech is the only sector still facing stubborn problems with gender discrimination, hostile work environments, and sexual harassment. That certainly isn't the case, and one only has to look at the financial services industry to see that the issue is very prevalent in many other workplaces.
The Third Circuit holds, in a 2-1 decision, that an individual may be a "supervisor" for purposes of imputing liability to the employer vicariously for sex harassment if they are "tasked with creating a work schedule" for their subordinates.
The Eighth Circuit holds that a granary employee who complained about sex discrimination in her paycheck - only to have her manager initiate her layoff literally minutes later - was entitled to have a jury decide whether she suffered retaliation under the Equal Pay Act, Title VII and the Arkansas Civil Rights Act.
Have you ever interacted with a cashier, gardener, nail salon employee, call center worker, home health aide, parking attendant, or restaurant server? If so, chances are the person who provided you that service was an undocumented worker.
Wells Fargo. Bio-Rad. Volkswagen. Just three examples of corporations that, to their peril, either ignored or actively suppressed employee whistleblowers. They join countless other companies, large and small, that found out the hard way that a head-in-the-sand approach toward whistleblowers is not just unethical, but also poses grave threats to their bottom lines and public reputations.
Even just a passing glance at news headlines over the last few months reveals a troubling pattern: companies turning a blind eye when men who are important to the bottom line are accused of sexual harassment.
The Third Circuit on Tuesday took up the issue of causation, and the amount of proof a plaintifff must present, under two federal anti-retaliation laws. In Egan, the panel holds that employees may pursue FMLA retaliation claims under a mixed-motive theory, as supported by a Department of Labor regulation. In Carvalho-Grevious, the court announces a lowered bar for establishing Title VII retaliation at the prima facie stage.
Last month, a federal jury in San Francisco awarded $8 million to a former general counsel for life sciences company Bio-Rad who was terminated after raising concerns about possible Foreign Corrupt Practices Act (FCPA) violations by his employer. The verdict sent shockwaves through the legal community as it redefines the boundaries of general counsel privilege, and may spur others to act as whistleblowers themselves.