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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Goin v. Houdashelt

Citation: 2020 S.D. 32

Opinion Date: June 10, 2020

Judge: David Gilbertson

Areas of Law: Labor & Employment Law

The Supreme Court affirmed the judgment of the circuit court denying Plaintiff's request for attorney fees under S.D. Codified Laws 60-11-24 after Plaintiff prevailed in an action seeking unpaid wages, holding that because this case was removed for a bench trial section 60-11-24 did not apply and Plaintiff was not entitled to recover attorney fees. After Defendant fired Plaintiff, Plaintiff brought an action in small claims court for unpaid wages. Defendant removed the action to circuit court, which ruled in favor of Plaintiff. Plaintiff requested attorney fees under section 60-11-24. The circuit court denied the request because the removal statute referenced in section 60-11-24 had been repealed. The Supreme Court affirmed, holding (1) the circuit court did not err in concluding that it could not award reasonable attorney fees under section 60-11-24 because of the repeal of S.D. Codified Laws 15-39-59; and (2) while attorney fees remain recoverable under section 60-11-24 for small claims cases removed to circuit court for a jury trial, this case was removed for a bench trial.