How the EEOC’s Maintenance of an “Alleged Offenders” Log Can Help Prevent the Next Harvey Weinstein

SAMUEL ESTREICHER, JOSEPH SCOPELITIS

NYU law professor Samuel Estreicher and recent graduate Joseph A. Scopelitis argue that the EEOC should maintain a log of “alleged offenders” to help prevent the next Harvey Weinstein. Estreicher and Scopelitis explain why such a log would effectively balance the interests of the alleged offender and victim, the employer, and the public.

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Keller v. Casteel

Docket: E2017-01020-SC-R11-CV

Opinion Date: June 12, 2020

Judge: Kirby

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the decisions of the court of appeals and the trial court that a municipality's personnel manual gave a firefighter a property interest entitled to due process protection, holding that Plaintiff failed to demonstrate that he had a property interest entitled to protection under either the due process clause of the United States Constitution or the law of the land clause of the Tennessee Constitution. After Plaintiff was terminated from his employment as a firefighter he filed a petition for a writ of certiorari, arguing that his due process rights were violated. The trial court concluded that Plaintiff was entitled to partial summary judgment on his due process claim, holding that the City personnel manual constituted a contract and that the termination of Plaintiff's employment was based on inappropriate procedure. The court of appeals affirmed. The Supreme Court reversed, holding that Plaintiff failed to demonstrate that he had a property interest entitled to protection under the Tennessee or the United States Constitutions.

Jackson v. Burrell

Docket: W2018-00057-SC-R11-CV

Opinion Date: June 12, 2020

Judge: Lee

Areas of Law: Personal Injury

The Supreme Court vacated the trial court's award of summary judgment to Defendant in this health care liability case, holding that Plaintiff did not have to present expert proof to establish her negligence claim, and therefore, Plaintiff had no reason to file a certificate of good faith under section 29-26-122 of the Tennessee Health Care Liability Act, and Plaintiff's claim was not subject to dismissal for noncompliance with this section. Plaintiff alleged that a massage therapist working for Defendant, a salon, sexually assaulted her during a massage. In support of her claims for negligent training, supervision, and retention, Plaintiff presented evidence that Defendant had previously received complaints that the massage therapist had acted inappropriately toward customers. The trial court granted summary judgment for Defendant on the grounds that Plaintiff had not filed a certificate of good faith. The court of appeals affirmed. The Supreme Court reversed, holding (1) Plaintiff did not waive the common knowledge exception; (2) Plaintiff's claims were within the common knowledge of laypersons and therefore did not require expert testimony about the standard of care in the massage industry; and (3) therefore, Plaintiff did not have to present expert proof to establish her negligence claim and thus did not have to file a certificate of good faith.