3/9/20: A client advisory from law firm Hughes Hubbard & Reed looks at an appeals court decision that “…may result in increased employment litigation.” The case centered on a male employee’s allegation of sexual harassment by a female student. The employee was terminated by the university after what was found by the court to be an “irregular investigation" ...
That investigation, in turn, “… gave rise to a valid Title VII claim of sex discrimination.” The Advisory then noted, “…the Court further noted that a university’s disregard of “promised procedural protections may also give rise to claims for breach of contract and violations of state law guarantees of procedural or substantive fairness.” The Advisory does more than explain the risks; fortunately, it lists what the court found to be allegations of irregularities. Recognizing those irregularities and avoiding them could be the basis of reduced risk...