• FREE RESOURCES
        • Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Employment Law
          FMLA Cheat Sheet: A Handy At-A-Glance Guide
          HR Career & Self-Care
          Lead Magnet: 110 Traits of Highly Effective HR Pros
          11 Traits of Highly Effective HR Pros
          Recruiting
          New Employee Checklist
          Recruiting
          How to Write a Job Description Worksheet
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
        • Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Employment Law
          FMLA Cheat Sheet: A Handy At-A-Glance Guide
          HR Career & Self-Care
          Lead Magnet: 110 Traits of Highly Effective HR Pros
          11 Traits of Highly Effective HR Pros
          Recruiting
          New Employee Checklist
          Recruiting
          How to Write a Job Description Worksheet
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

How e-discovery saved this company in court

Dan Wisniewski
by Dan Wisniewski
June 7, 2013
2 minute read
  • SHARE ON

How many times has an incriminating email sunk a company in court? That’s why it’s refreshing to read about this case, where a firm’s electronic communication proved its innocence to a judge.
Debra Meyers worked as an assistant professor in the history department at Northern Kentucky University.
After nine years on the job, Meyers applied for two positions that had opened up at the university. She was turned down for both positions based on her “poor communication skills and ‘confrontation’ interactions with others.”
Meyers then filed a complaint with the Equal Employment Opportunity Commission (EEOC), claiming gender bias and a violation of the Equal Pay Act.
While that complaint was being sorted out, the chairperson position opened up in the history department at the university, and the department sought an interim chairperson. Meyers was again not chosen for an open position — so she filed a second EEOC charge, claiming bias and retaliation.
Soon after, Meyers requested via email that the university pay $2,000 tuition for religious courses that Meyers wanted to take at the College of Mount St. Joseph in Cincinnati.
The associate provost denied the request, stating that the university didn’t generally pay for employees to take courses at private colleges that fall outside the university’s tuition waiver policy.
So — you guessed it — Meyers filed a third complaint, alleging sex bias, retaliation and age bias.

Email saves the day

Meyers eventually voluntarily dismissed most of her claims. The one she fought for in court: That in retaliation for her EEOC complaints, the university refused to pay the $2,000 tuition for classes in Cincinnati.
The court acknowledged that Meyers engaged in a protected activity when she filed complaints against the university. It also acknowledged that the university took an adverse action when it denied Meyers’ tuition request.
But in the end, the court ruled in the university’s favor. That’s because the associate provost who denied Meyers the tuition request didn’t know about Meyers’ protected activity or EEOC complaints. Furthermore, the provost didn’t even know it was Meyers who was requesting the tuition money.
Therefore, the court said, it was impossible for the university to retaliate against Meyers.
John T. Lovett, writing for HR Hero, has the takeaway for HR:

E-mail, text messages, tweets, and other electronic evidence can document what a manager was thinking at the time she made an employment decision. Wise employers will look carefully for electronic evidence that may prove they made employment decisions with lawful motives.

The case is Meyers v. Northern Kentucky University.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Staff Administration
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2022 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader