Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more
10/22/2019
/ #MeToo ,
Adverse Employment Action ,
Complaint Procedures ,
Corporate Counsel ,
Educational Institutions ,
Employer Liability Issues ,
Employment Policies ,
Federal Rule 12(b)(6) ,
Hiring & Firing ,
Hostile Environment ,
Professional Misconduct ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Termination ,
Title IX ,
Witnesses ,
Workplace Investigations
As its session draws to a close, the New York State Legislature substantially revised the state’s anti-discrimination and anti-harassment laws this week, and Governor Andrew Cuomo has promised to sign the new measures...more
6/21/2019
/ #MeToo ,
Corporate Counsel ,
Corporate Culture ,
Employer Liability Issues ,
Faragher/Ellerth defense ,
Harassment ,
Hostile Environment ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Regulatory Requirements ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
As we have previously reported, New York State and New York City both enacted legislation in 2018 that require New York employers to train their employees in workplace sexual harassment prevention. ...more
4/11/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Hostile Environment ,
Local Ordinance ,
Regulatory Oversight ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law....more
8/27/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Executive Orders ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment
On February 26, 2018, a majority of the entire U.S. Court of Appeals for the Second Circuit held, in Zarda v. Altitude Express Inc., that Title VII prohibits workplace discrimination on the basis of sexual orientation. With...more
2/27/2018
/ Civil Rights Act ,
Corporate Counsel ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...more
8/1/2017
/ Amicus Briefs ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit held in Hively v. Ivy Tech Community College of Indiana that discrimination on the basis of sexual orientation is a form of sex discrimination under Title...more