When you file SEC reports, do you report litigation risks? Do you name employees involved? An employer is headed to trial over whether it retaliated against a former employee by stating her name in SEC filings as the Charging Party responsible for a large EEOC investigation and conciliation. The employer didn’t use to name names, then it started naming names, then it stopped again – creating evidence of pretext. Also, the general counsel wrote management and “evinc[ed] disdain for the EEOC process” and “animus against” the former employee. Greengrass v. International Monetary Systems Ltd, No 13-2901 (7th Cir. January 12, 2015) (Don’t ask me why the GC’s email was disclosed.)
Apparently litigation reports in SEC filings should be consistent in the practice of either naming names or using code names to avoid identifying the employees involved.