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What I've Been Reading This Week


I spent a lot of hours on the road this week for work, so this will be a bit briefer of a "What I've Been Reading This Week" than I would prefer.  Although I had limited time to read articles this week (not to mention with other news dominating the headlines this week...), the article by Anne Yuengert on ways employers can attempt to minimize potential sexual harassment claims was one of the more relevant and practical articles I have read within the past week or two.

As always, below are a couple articles that caught my eye this week.


A Brief Primer on Sexual Harassment Claims & How To Minimize Exposure

Let me preface this with a word of caution:  When I say this article provides a guide on how to minimize exposure for sexual harassment claims, I am not saying this is a secret book of how to sexually harass co-workers or subordinates and get away with it.  Instead, Anne Yuengert's article gives readers a brief overview of what constitutes sexual harassment under Title VII of the Civil Rights Act of 1964 and applies the law to a common workplace scenario (dinner between a supervisor and subordinate) to illustrate how a sexual harassment claim could arise.  This one is well worth a read...including some guidelines on what can be done to minimize potential liability.


An EEOC Charge Has Been Filed Against Your Company...What to Do, What to Do

Alyssa Peters wrote a great article a few weeks ago on an issue that faces many employers:  An EEOC charge is filed against the company.  What now?  In her article, Alyssa offers five steps an employer can take once being notified of the charge.  Perhaps the most important suggestion she makes is to not ignore the charge.  As the saying goes, ignoring it can only lead to bad things happening.  While this article might not be applicable to all employers, it is worth a read even for those who are curious what all happens when an EEOC charge is filed.


U.S. District Court Provides Guidance on the Scope of Georgia's Restrictive Covenants Act

A few months ago, the U.S. District Court for the Northern District of Georgia handed down a ruling in which it clarified just how far a court could go to "modify" a non-compete agreement in the state.  The case, LifeBrite Laboratories, LLC v. Cooksey, centered around a dispute over a non-compete agreement that did not include any geographic restriction.  Under Georgia law, a non-compete in the state will generally be enforced so long as it is reasonable in time, geographic area, and scope of prohibited activities.  Georgia's Restrictive Covenants Act ("Act") allows a court to "modify a covenant [non-compete agreement] that is otherwise void and unenforceable so long as the modification does not render the covenant more restrictive than as originally drafted by the parties."  As Lauren Gordon writes, this court held that the term "modify" in the Act, as interpreted as a matter of first impression in this case, allows a court to strike unreasonable restrictions but not reform or rewrite non-competes by supplying new terms.  It will be interesting to see how other courts in the state interpret this portion of the Act going forward.

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