Don’t hit that delete button: An update on litigation holds for employment

In *Hawley*, an employee of the defendant company claimed that he was
discriminated against on the basis of his ethnicity in a number of ways
during the course of his employment. The employee filed an EEOC charge of
race and national origin discrimination in September 2009. The company
terminated the employee in November 2009, and he thereafter filed a second
EEOC charge, which was mailed to the company in December 2009. The employee
then filed a discrimination suit in January 2012 against the company under
42 U.S.C. § 1981 and state civil rights laws.

During his employment, the plaintiff received a company-issued laptop
computer on which he was required to perform his work. After his
termination, the employee returned the computer to the company in December
2009. The next month, the company reassigned the computer to another
employee, permanently deleting all of the plaintiff’s data.

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