EEOC Shifts Focus to Systemic Discrimination
J. Lewis Sapp & Nathan J. Allen
On April 4, 2006, the EEOC announced that it was strengthening its initiatives to ferret out and eliminate “systemic” discrimination through reorganization, decertification, and renewed emphasis on pursuing class relief. According to the EEOC, systemic cases are pattern or practice, policy and/or class cases where the alleged discrimination has a broad impact on an industry, profession, company or geographic location. In making this announcement, the EEOC seems to be suggesting that it will alter its typical focus on “individual” allegations of discrimination and will instead concentrate its efforts and resources on such systemic cases.
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Contingent or Temporary Workers
Do the Benefits Outweight the Risks?
Sharon P. Morgan & Brendalyn B. Lumpkins
With the continued trend toward using contingent or temporary workers, it is necessary to re-examine the risk of litigation. If you, as an employer, have relied on a staffing agency’s promise to “take care of everything” in deciding to use contingent or temporary workers, you may learn a costly lesson if you have not done your homework.
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Electronic Discovery: The Rules are Changing
Lee Creasman & Lisa J. Bauer
The Supreme Court is revising several Federal Rules of Civil Procedure to address escalating litigation disputes over electronic discovery. Effective December 1, 2006, these amended rules will define the scope of electronic discovery, the burden of proof related to cost issues associated with electronic discovery, and require parties to discuss electronic discovery issues early in the litigation process
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Employee's Deletion of Computer Files May Violate Hacker Law
Richard M. Escoffery
Employees who destroy their employer's computer files on their way out the door may face liability under the federal Computer Fraud and Abuse Act ("CFAA"). In International Airport Centers v. Citrin, a corporate real estate company lent its managing director a laptop computer to record valuable data about properties that the company might want to acquire. The managing director later decided to resign his job and go into business for himself. Rather than simply returning the laptop, however, he first deleted all of the data on it, including files for which no other copies existed.
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Governor Sonny Perdue Appoints Elarbee Thompson Partner to Georgia Equal Opportunity Commission
On Monday, April 3, Governor Sonny Perdue announced the appointment of Elarbee Thompson partner William D. Deveney to the Board of Commissioners of the Georgia Equal Opportunity Commission (see full press release from the Governor's Office here). The Georgia Equal Opportunity Commission (GEOC) is responsible for enforcement of the Georgia Fair Employment Practices Act of 1978, which makes it unlawful for a state agency to discriminate against any individual on the basis of race, sex, age, disability, national origin, color or retaliation. The Fair Housing Division of the GEOC is responsible for enforcement of the Georgia Fair Housing Law, which prohibits various forms of discrimination in residential real estate transactions on the basis of race, sex, religion, disability, national origin, familial status or color. The GEOC also conducts outreach, information and educational activities and assists the GEOC Executive Director and Administrator, Gordon L. Joyner, in an advisory capacity.
Deveney is one of 9 board members, each of whom is appointed by the Governor and confirmed by the Senate for a 3- year term. One-third of the board has experience in labor or Title VII law enforcement or other legal human rights experience and at least 3 are required to have a background in realty or the housing industry. Deveney is a partner at the Atlanta law firm of Elarbee Thompson, where he specializes in the representation of management in labor law, employment law and litigation. He previously worked with Kirwan, Goger, Chesin and Parks and held a clerkship with the Honorable Allen L. Chancey, a Chief Magistrate Judge of the United States District Court for the Northern District of Georgia. He earned his bachelor’s degree from the University of Maryland and law degree from Emory University and is a member of the American Bar Association, the State Bar of Georgia and the Atlanta Bar Association
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