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The Supreme Court’s decision in Vega v. Tekoh decidedly clarified Miranda rights violations cannot form the basis of a civil rights action for monetary damages. In Vega, the Defendant Officer received a report regarding a potential sexual assault of a patient. The Officer went to the medical center where the alleged assault occurred and questioned Tekoh, a medical worker, regarding the complaints. However, the Officer never informed the worker of his Miranda rights, including the right to remain silent or to seek legal counsel. Tekoh eventually provided a written statement apologizing for inappropriately touching the patient’s genitals. This statement was subsequently used against Tekoh at his criminal trial. When the jury found Tekoh not guilty, he turned around and sued the Officer pursuant to 42 USC 1983, claiming that the Officer’s failure to give Tekoh his Miranda rights before questioning [...]

Last October the Equal Employment Opportunity Commission (“EEOC”) released a new poster which must be displayed by covered employers. Where Must the Poster be Displayed? The poster should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. This may include the employer’s bulletin board, the break room, lunchroom, locker rooms, or another common and open gathering location. Employers are also encouraged, but not required, to display this poster digitally on their websites or otherwise provide it to their employees electronically. In most instances an electronic posting can supplement the requirement for physically displaying the poster. Additionally, employers are required to provide physical notices in accessible formats as needed. The EEOC currently offers a screen-readable copy of the poster. How Long Do I Have? The EEOC’s news release does not dictate when [...]