A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted...more
New York State’s Adult Survivors Act (ASA), which was enacted on November 24, 2022, amends the state’s statute of limitations for civil claims alleging certain sexual offenses—which may include any unwanted sexual contact in...more
Nondisclosure Agreements (NDAs) have recently come under fire within the #MeToo debate. Opponents of the NDA argue that its sole (and negative) purpose is to silence victims of sexual harassment and allow those accused to...more
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
It has never been easy for businesses to keep up with and ensure compliance with New York State’s and New York City’s employment laws, but calendar year 2018 presented a unique amount of new challenges for employers. ...more
1/31/2019
/ #MeToo ,
Criminal Penalties ,
Gender Identity ,
Legislative Agendas ,
Minimum Wage ,
Proposed Legislation ,
Protected Class ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules
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
In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior...more
Both the New York State Legislature and the New York City Council recently adopted new legislation targeting sex discrimination and sexual harassment in the workplace. ...more
4/17/2018
/ Anti-Harassment Policies ,
Civil Rights Act ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
New Legislation ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Title VII
There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months, eliminating sexual harassment and assault on campuses remains a...more
On September 22, 2017, the U.S. Department of Education (DOE) rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.1 This is...more
On August 22, 2017, the National Association of Independent Schools (NAIS) and the Association of Boarding Schools (TABS) released their first joint report on sexual misconduct in independent schools. The report can be found...more
Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint. The U.S. Department of Education (DOE) recently indicated it...more
7/26/2017
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Disciplinary Proceedings ,
Enforcement Actions ,
Gender Identity ,
LGBTQ ,
Rape ,
Sexual Assault ,
Sexual Harassment ,
Title IX ,
Transgender ,
Universities
For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs. Relying on extensive Supreme Court precedent and...more