Anti-Harassment Policies

News & Analysis as of

EEOC Issues New Harassment Guidance

The Equal Employment Opportunity Commission (EEOC) recently issued proposed guidance crystallizing the agency’s expectation that employers be proactive in eliminating workplace harassment. The Proposed Enforcement Guidance on...more

Key Takeaways for Employers from the EEOC's Proposed Enforcement Guidance on Harassment

Thirty years ago, the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v. Vinson that workplace harassment is an actionable form of discrimination prohibited by Title VII of the Civil Rights Act of 1964....more

EEOC Public Input Deadline on Proposed Harassment Enforcement Guidance Extended to March 21

On February 3, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it extended the public input period on its proposed enforcement guidance on unlawful workplace harassment. The public input period...more

New Year, New Resolutions: Reviewing, Updating and Even Eliminating Policies

For employers across the Carolinas, the New Year presents the ideal opportunity to review and update important company policies. In some instances, there may be policies that need to be eliminated altogether. This article...more

The Equal Employment Opportunity Commission Seeks Public Input on Proposed Harassment Enforcement Guidance

On January 10, 2017, the Equal Employment Opportunity Commission (EEOC) announced that it had released for public input its proposed enforcement guidance on unlawful harassment under federal employment discrimination laws....more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

EEOC Seeks Public Comment on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC is seeking public comment on proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws enforced by the agency – namely, Title VII of the Civil Rights Act of...more

Now is the Time for Employers to Update Harassment Prevention Procedures and Get in Compliance with New EEOC Guidelines

On January 10, 2017, the United States Equal Employment Opportunity Commission (“EEOC”) announced that it is seeking public input on proposed “Enforcement Guidance” designed to address harassment in the workplace. The...more

New Jersey Employers Prepare for 2017

With 2016 coming to an end, New Jersey employers must ready their business for the coming year. With this in mind, we have compiled the following information for New Jersey employers to consider as we enter 2017: - The...more

Handbooks, Onboarding and Gingerbread Lattes

My December routine is pretty predictable…sitting by the fire with my favorite holiday season beverage and my laptop fully charged to update employment handbooks and forms for the new year. As an employment law policy and...more

Top 5 HR resolutions for not getting sued in 2017

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb...more

EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights...more

Managing Employee Interactions in the Wake of the Trump Election

You may have been able to keep politics away from the annual Thanksgiving gathering of relatives with diverging viewpoints, but the workplace requires daily interaction. What’s an employer to do with emotions still running...more

From the Archives: Back to the Basics on Sexual Harassment Prevention

Wrapping up my look back this shortened week at some “Basics” posts, here’s a reminder of the obligations employers have to conduct sexual harassment prevention trainings. Have a wonderful Thanksgiving and thanks for your...more

EEOC Strategic Enforcement Plan for 2017-2021

The Equal Employment Opportunity Commission (EEOC) recently revealed its Strategic Enforcement Plan for 2017-2021. Of course, this Plan was developed before the election of Donald Trump as President. Thus, the information...more

The Continuing Expansion of Sexual Harassment Training Requirements in California

A dozen years ago, the passage in California of Assembly Bill (AB) 1825 began required sexual harassment prevention training for supervisors in companies with 50 or more employees.  Since then, California has led the nation...more

U.S. Department of Education Finds Students Accused of Sexual Misconduct Had Title IX Rights Violated by Wesley College

The U.S. Department of Education recently announced that Wesley College, a private, liberal arts university in Dover, Delaware, violated Title IX of the Education Amendments of 1972 (“Title IX”) by allegedly disregarding the...more

How to Address and Prevent Systemic Sexual Harassment in the Workplace

With sexual harassment suits carrying multimillion-dollar price tags, what can employers do to avoid the sting of litigation?...more

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against...more

Transgender Issues in the Workplace: Legal Issues and Considerations for Companies

Over this past year, there has been an increasing amount of attention on transgender persons both in the media and in the law. Garnering particular attention, North Carolina passed Senate Bill 2 which prohibits students and...more

Failing to Adopt and Follow Employment Related Policies and Properly Train Your Staff

Failing to Adopt and Follow Employment Related Policies and Properly Train Your Staff - ?Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make. Tip # 4 Adopt and...more

EEOC Task Force Offers Expansive Recommendations for Updating Anti-Harassment Policies and Training

This summer, the Equal Employment Opportunity Commission (“EEOC”) issued a 127-page document titled “Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace” (“Report”). Among other...more

Harassment Investigation Techniques

In a recent post, we talked about how digital technology can provide a platform for sexual harassment in the workplace. Today, we want to focus on the investigation of complaints of sexual harassment, including a review of...more

I’m an Ontario Employer—What Workplace Policies Do I Need to Have?

There are various workplace policies that a provincially-regulated Ontario employer must have as a matter of law (the vast majority of employers are provincially-regulated). There are other policies that, while not mandatory,...more

New Federal Rules Will Affect Contractors Who Don’t Play by The Rules

Federal contractors have a powerful new incentive to play by the rules. Starting in October, businesses seeking federal contract work must disclose any labor law violations going back three years. Depending on the violation,...more

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