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“ Our mission is to collaborate with employers and employees to build respectful workplaces by providing high quality training, objective and unbiased workplace complaint investigations, human resources and employment law expert testimony, and a wide range of human resources consulting services. ”

The EPS Team


  • Employer’s Perception of Employee’s Religious Beliefs Irrelevant To Accommodation Duty

    Beverly Butcher was a coal miner at a mine run by Consol Energy, Inc. for 37 years. When Consol wanted to begin using a biometric hand scanner to track its employees in 2012, it was a problem for Mr. Butcher.

  • Unfair Labor Practice Carried Out by Text

    Redhook, a construction company, was the object of a union organizing drive. Employees were considering whether to vote for union representation. During the union drive, Claudio Anderson asked for some time off because his mother was ill.

  • EEOC Continues to Have Broad Subpoena Power

    A unanimous Sixth Circuit Court of Appeals has upheld the U.S. Equal Employment Opportunity Commission’s right to subpoena employee medical information from a company database.

  • Employee’s Burden Low for Employer to Advise of FMLA Rights

    Noemi Valdivia was secretary for Elk Grove High School for six years. She has claimed that her co-workers made derogatory comments about “Hispanic students and their families.” The frequency of these comments increased during the last year and a half of her employment.

  • 7th Circuit Rules for Student in Transgender Bathroom Dispute

    Ash Whitaker was a transgender student in Wisconsin. He was born female but since his freshman year in high school has identified as a male. His name has been legally changed to reflect his gender identity and he has begun hormone therapy. He requested to use the boys’ restroom at his public high school.

  • Second Circuit Reaffirms Caution on No Recording Policies

    The Second Circuit Court of Appeals has upheld an National Labor Relations Board ruling against Whole Foods’ “no recording” policy. Whole Food’s policy prohibited all recordings without management approval.

  • Circuit Court Sways To Side of Employee For Hostile Environment Claim

    Sherin Ahmed, who is Egyptian and Muslim, worked for Astoria Bank for three months. She wore a hijab head covering. She alleged that during her brief employment, a hostile work environment was created based on her national origin and religion.

  • One Year Was Not a Reasonable Accommodation

    For Taymari Delgado, over a year of leave was not a reasonable accommodation. She worked for AstraZeneca Pharmaceutical as a hospital specialist. In 2011, she learned that she had a small brain tumor and required five months of leave to get treatment. Her employer granted the leave. In order for her to extend that leave, AstraZeneca asked for more documentation.

  • 27-Year-Old Sexual Harassment Case Continues in D.C.

    Deborah Jean Bryant started working in the D.C. prison typing pool in the 1980s. In 1987, Ms. Bryant became the secretary for a senior prison official, John Lattimore. At some point during her service for Mr. Lattimore, he began repeatedly asking her out, he told her that she had a “nice derriere” and told another employee that, “Deborah could have anything she wants if she does the right thing.”