News & Analysis as of

Faragher/Ellerth defense Anti-Harassment Policies

McAfee & Taft

Employee training: A Hobson’s choice, courtesy of the EEOC

McAfee & Taft on

We all appreciate the practical importance of training. It can certainly help eliminate pesky and undesirable workplace issues. Heck, it can even help create a desirable workplace for employees....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon Bureau of Labor and Industries Proposes New Requirements Related to an Employer’s Response to Allegations of Harassment

On May 24, 2024, the Oregon Bureau of Labor and Industries (BOLI) issued a notice of proposed rulemaking to “clarify the rights of employees and the responsibility of employers following allegations of workplace harassment.”...more

BakerHostetler

Illinois District Court Refuses to Certify Class Based on Anti-harassment Policy

BakerHostetler on

Most employers today have anti-harassment policies covering race, gender and other types of discrimination to help comply with state and federal antidiscrimination legislation and to take advantage of the affirmative defense...more

Constangy, Brooks, Smith & Prophete, LLP

Good policies, good results – have you checked yours lately?

A recent opinion from the U.S. Court of Appeals for the Eleventh Circuit provides good reason for employers to make a robust effort at maintaining and disseminating a policy against discrimination and harassment....more

Verrill

Identifying and Handling a Hostile Work Environment

Verrill on

Employee claims of “hostile work environments” continue to make news both in Maine and on a national level, putting potentially embarrassing and damaging workplace and employee interpersonal issues into the public eye. But...more

Genova Burns LLC

New York State Expands Workplace Harassment Protections (Again)

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Several states are expanding employee workplace discrimination and harassment protections amidst the tightening grip of the #MeToo and Times Up Movements, and New York State has now taken the lead. In 2018, New York passed...more

Seyfarth Shaw LLP

Governor Cuomo Signs Landmark Legislation Impacting Anti-Discrimination and Anti-Harassment Laws

Seyfarth Shaw LLP on

Seyfarth Synopsis: As expected, Governor Cuomo signed another landmark piece of legislation amending New York’s anti-discrimination and sexual harassment laws. Not only does the law significantly expand the protections...more

Harris Beach PLLC

Governor Signs Amendments Expanding New York State’s Workplace Harassment Law

Harris Beach PLLC on

On Monday, August 12, 2019, New York Governor Andrew Cuomo signed off on a major expansion of the state's workplace harassment and anti-discrimination law. Although the measures were passed by the State Legislature against...more

Fenwick & West LLP

New York Employers: Prepare for Changes to Harassment, Discrimination and Equal Rights Laws

Fenwick & West LLP on

New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more

Polsinelli

New York Governor Cuomo Signs Sweeping Reforms to Anti-Harassment Laws

Polsinelli on

On August 12, 2019, New York Governor Andrew Cuomo signed a law which strengthens further the state’s Human Rights Law (NYSHRL). The new legislation further amends anti-harassment laws enacted in 2018, discussed here,...more

Vedder Price

New York State Expands Its Discrimination and Harassment Protections as its October 9 Training Deadline Approaches | Publications

Vedder Price on

In its latest development, the New York State Legislature expanded its signature legislation addressing sexual harassment training and prevention and passed a new bill this year that provides greater protections under the New...more

Dorsey & Whitney LLP

New York Legislature Passes Sweeping Amendments to its Discrimination and Harassment and Pay Equity Laws

Dorsey & Whitney LLP on

Building in part on amendments passed last year, the New York State Legislature has passed legislation significantly broadening protections for employees. Governor Cuomo is expected to sign the amendments into law shortly....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Substantial Changes Coming to New York Employment Discrimination Laws

On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s anti-discrimination laws and uproot precedent...more

Seyfarth Shaw LLP

New York State Legislature Passes Major Amendments To Anti-Discrimination and Anti-Harassment Laws

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York State Legislature has passed, and Governor Andrew M. Cuomo is expected to sign, a bill amending the state’s anti-discrimination and anti-harassment laws. The legislation significantly expands...more

Harris Beach PLLC

New York State Legislature Passes Major Legislation Expanding Definition of Unlawful Discrimination and Harassment

Harris Beach PLLC on

In the closing days of its session, the New York State Legislature has passed sweeping changes to New York’s employment discrimination and harassment law. Major amendments to the state’s Human Rights Law significantly lower...more

Bradley Arant Boult Cummings LLP

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Obermayer Rebmann Maxwell & Hippel LLP

#Metoo reaches the federal courts

On July 3, 2018 the United States Court of Appeals for the Third Circuit ruled on the case of Minarsky v. Susquehanna County et al, 17-2646 (Jul. 3, 2018). The case clarifies and limits the scope of the Faragher-Ellerth...more

Skadden, Arps, Slate, Meagher & Flom LLP

Addressing Workplace Sexual Harassment in the #MeToo Era

Stories of high-profile individuals in politics, media, entertainment and hospitality alleged to have engaged in sexual harassment, or worse, have been breaking at an unprecedented rate. In the wake of these allegations,...more

Poyner Spruill LLP

The Importance of Adopting Effective Policies and Procedures for Handling Harassment in the Workplace

Poyner Spruill LLP on

The news has been filled lately with reports of harassment allegations against all sorts of famous people. From politicians to movie stars, many public figures are finding themselves embroiled in legal battles based on their...more

Payne & Fears

Brief Answers To Frequently Asked Employment- Related Questions

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With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

Jackson Lewis P.C.

Jackson Lewis Files Comments on EEOC’s Proposed Guidance on Unlawful Harassment

Jackson Lewis P.C. on

Jackson Lewis has submitted comments to the Equal Employment Opportunity Commission on the Proposed Enforcement Guidance on Unlawful Harassment. The Proposed Guidance sets out to define what constitutes harassment, examine...more

Mintz - Employment Viewpoints

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using...more

Foley & Lardner LLP

EEOC Issues New Harassment Guidance

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Proskauer - Law and the Workplace

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

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