Anti-Harassment Policies

News & Analysis as of

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

Employment Law Navigator – Week in Review: September 2016 #2

Last week, as we learned that the CIA has invested in another Big Data analytics startup, new headlines and commentary addressed the dangers of hidden bias in technology. LinkedIn changed its search algorithm after the...more

Implementing Anti-Harassment Training in the Workplace

Workplace harassment is unfortunately on the rise. The Equal Employment Opportunity Commission reported that companies across the United States paid nearly $300 million to settle harassment and discrimination cases last year...more

Bill 132 Update: MOL Releases Code of Practice to Help Employers Comply with OHSA’s Harassment Provisions

Further to our series of posts on Ontario’s new Sexual Violence and Harassment Legislation, which amends the Occupational Health and Safety Act, the Ontario Ministry of Labour has recently issued a Code of Practice to Address...more

Complete Maintenance Janitorial Service to Pay $45,600 to Settle EEOC Sexual Harassment Suit

Female Employee Sexually Harassed, Assaulted and Threatened by Supervisor, Federal Agency Charged - NEW ORLEANS - Complete Maintenance, Inc., a Dallas/Fort Worth commercial janitorial service doing business in the New...more

Getting Past “Not Horrible”: Addressing Office Bullies is Good for the Bottom Line

A Dallas jury recently awarded a verdict of more than a million dollars to a vocational nurse based upon her claims of sexual harassment and intentional infliction of emotional distress. While it appears that verdict will not...more

The Keys to Harassment Prevention: An Interview With EEOC Commissioner Chai Feldblum

Chai Feldblum is a Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC). She co-chaired the EEOC Select Task Force on the Study of Harassment in the Workplace, and produced a report in June of 2016,...more

New Model Rules Make It Unethical to Discriminate

As I have for over a decade now, I attended the American Bar Association’s Annual Meeting last week serving on the ABA’s House of Delegates – the organization’s main governing body. My exact position is actually State...more

Poor Policy Publication Revives Sexual Harassment Suit in the Fifth Circuit

Maintaining a company anti-harassment policy on a bulletin board and website is not enough to avoid liability for sexual discrimination according to a recent decision. On July 20, 2016, the Fifth Circuit Court of Appeals...more

Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies

A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more

The Countdown is On: The New OHSA Amendments Come into Force in Less Than 60 Days

As we previously reported, the amendments to the Occupational Health and Safety Act introduced by Ontario’s Sexual Violence and Harassment Legislation, An Act to amend various statutes with respect to sexual violence, sexual...more

EEOC's Select Task Force Study of Harassment Provides Robust Training Guidance

Last month the EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a long-awaited report. That report is a four-part, 88-page document — meaning digesting the report is a hefty task. Fortunately, the...more

Workplace Harassment: EEOC Challenges Employers To Step Up Their Approach

Seyfarth Synopsis: New EEOC study calls for employers to “reboot” workplace harassment prevention efforts, outlines statistics, risks and administrative recommendations. On June 20, 2016, two Commissioners of the U.S....more

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