June 2010

The 4th U.S. Circuit Court of Appeals has determined that an alleged harasser who makes gender-specific slurs and comments can create a hostile work environment for a female employee, even though the harasser is an “Equal Opportunity Harasser” who makes sexually offensive remarks to “anybody, any time.” EEOC v. Fairbrook Medical Clinic, P.A., 4th Circ.

[With thanks to Hera Arsen, J.D., Ph.D., in our Client Services group – her more detailed explanation of this case can be found on the firm’s website at www.ogletreedeakins.com.]

The U.S. Supreme Court has held that a city police department’s search of an employee/police officer’s text messages was reasonable, and did not violate the

Non-competition, confidentiality, and non-solicitation agreements all are examples of restrictive covenants that are used to preclude an employee from taking certain proprietary information or customers and using it (or them) in a way that may adversely affect the individual’s previous employer. When a company determines that a former employee may be prepared to violate such