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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Dillard v. Hoyt

Dockets: 17-3284, 17-3287

Opinion Date: June 15, 2020

Judges: James B. Loken, Steven M. Colloton, Raymond W. Gruender, William Duane Benton, Erickson, Stras, Kobes

Areas of Law: Civil Rights, Constitutional Law

The Eighth Circuit granted defendants' petition for rehearing en banc of the panel's qualified immunity ruling. In this case, plaintiffs filed a 42 U.S.C. 1983 action against the City, the County, and officials, alleging violations of their constitutional right to privacy and of Arkansas tort law in connection with defendants' decisions to release information identifying them as victims of childhood sexual abuse. Plaintiffs are sisters and stars of the popular reality show 19 Kids and Counting. Plaintiffs were interviewed along with others as part of a police investigation into sexual misconduct by plaintiffs' brother. Reviewing de novo, the court reversed the denial of qualified immunity and held that the asserted due process right to informational privacy was not clearly established at the time. The court reinstated the remainder of the court's opinion.