Anti-Harassment Policies

News & Analysis as of

New York State Division of Human Rights Adopts Regulations Prohibiting Discrimination Against Transgender Individuals

As we reported in a blog post last month, although neither the federal nor state law expressly prohibits discrimination on the basis of gender identity or expression, Governor Cuomo bypassed the legislative process and urged...more

Transgender Roadmap: 10 Steps The EEOC Thinks Employers Should Take

Law360 reported yesterday morning that the Equal Employment Opportunity Commission settled a transgender discrimination and harassment lawsuit (not our Detroit-area funeral home case). Although the employer entered into the...more

Tell Me How Much My Coworkers Make… Or I’ll Sue You

The Office of Federal Contract Compliance Programs (OFCCP) – an agency of the Department of Labor – has enacted a rule requiring federal contractors and subcontractors to disclose information regarding pay practices and...more

New York City Commission on Human Rights Releases Enforcement Guidance on Gender Identity and Expression Discrimination (NYC...

New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more

The Times They Are A-Changing: EEOC Task Force Focuses on Evolving Harassment in the Workplace and New Ways to Combat It

The EEOC’s Select Task Force on the Study of Harassment in the Workplace recently held the third in a series of public meetings, a two-part panel aimed at understanding the different and evolving nature of harassment in the...more

Employee Satisfaction: An ounce of prevention is worth a pound of cure

Many employers employ quantitative and qualitative tools to measure employee engagement and satisfaction in the workplace. As 2015 draws to a close, and we reflect on the events of the previous year and plan for 2016,...more

EEOC Issues Guidance on Rights of Applicants and Employees Infected with HIV

In a recent press release announcing new guidance for applicants and employees infected with HIV, the Equal Employment Opportunity Commission (EEOC) noted that in 2014 alone, it resolved over 200 charges of discrimination...more

Employment Law Navigator – Week in Review: December 7, 2015 #2

Data breaches were in the news again last week. The Association of Corporate Counsel released findings including the startling news that one-third of in-house counsel reported their organization had suffered a data breach...more

Many Bases of Discrimination Can Lead to Harassment, Panel of Experts Tells EEOC Task Force

Innovative Uses of Social Media Can Spread Awareness of Problem, Raise Specific Complaints, and Help to Change Social Norms, Practitioners Say - WASHINGTON-The bases of workplace harassment extend beyond sex and race to...more

Fourth Circuit Tosses Sexual Harassment Claim Based on Failure of Employee to Report Supervisor's Conduct

When a supervisor engages in sexual harassment in violation of Title VII, the employer can be held vicariously liable for the action even if it takes immediate steps to end the harassment once it learns of the conduct....more

Pennsylvania Strengthens Crimes Code to Remove Certain Exceptions for Crimes Committed By Union Representatives

Pennsylvania Governor Tom Wolf recently signed a bill into law amending the Pennsylvania Crimes Code. The law eliminates the “union intimidation” loophole and removes certain exceptions that had applied to crimes committed...more

New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more

New York Enacts Extensive New Protections for Women in the Workplace

On October 21, 2015, New York Governor Andrew Cuomo signed into law a series of bills that expands the state’s gender-based employment protections. The bills are part of a legislative package, known more commonly as the...more

That is SO last week - October 2015 #4

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Tricks and Treats and Trial Briefs

Remember NBC’s The Office? I think some lawyers used to blog about it. Anyhow, one of my favorite episodes was “Costume Contest” where the Scranton employees threw a Halloween party at the branch office. The costumes in...more

Multi-Prong Strategy Essential to Preventing Workplace Harassment

Panel of Experts Identify Practices That Can Curb Harassment at Public Meeting of EEOC Select Task Force - LOS ANGELES - Placing pressure on companies by buyers, empowering bystanders to be part of the solution, multiple...more

Transgender Individuals to Gain Protection under New York State Law

On October 22, 2015, at the Pride Agenda Dinner, Governor Cuomo announced that he plans to extend protections against discrimination in employment, housing and public accommodations to transgender individuals. The New York...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Governor Brown Signs Fair Pay Act

SB 358, the Fair Pay Act, was signed into law by Governor Brown yesterday. Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the...more

The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

Yes, the end of the year always brings a flurry of revisions to employer handbooks. This year is no different. Business owners, general counsel, and human resources professionals throughout California and the County always...more

New Jersey’s Law Against Discrimination Does Not Go So Far As To Protect “Weight, Appearance, or Sex Appeal”

The New Jersey Appellate Division recently affirmed summary judgment for the defense on several claims in the widely-followed “Borgata Babes” case, reining in the plaintiffs’ attempt to expand the New Jersey Law Against...more

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

The Top Social Media Platforms’ Efforts To Control Cyber-Harassment

Social networking platforms have long faced the difficult task of balancing the desire to promote freedom of expression with the need to prevent abuse and harassment on their sites. One of social media’s greatest challenges...more

Workplace Bullying: What’s the Employer’s Responsibility?

Over the past two decades, parents, schools, school boards and legislators have worked hard to address bullying in the classroom and on the playground. In the workplace, which also sees its share of bullying behavior, there...more

Wineries Often Overlook Harassment Liability

Harassment training is important in all workplaces, yet is often overlooked at wineries. However, wineries can be hotbeds for harassment suits. Originally published by the North Bay Business Journal. ...more

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