News & Analysis as of

Affirmative Defenses Faragher/Ellerth defense

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

Benesch

Ohio Enacts Employment Discrimination Law Requiring More from Prospective Plaintiffs

Benesch on

On January 13, 2021, Governor Mike DeWine signed into law H.B. 352, overhauling the state’s employment discrimination laws in several significant respects. Most notably, the new law requires that prospective plaintiffs file...more

Sheppard Mullin Richter & Hampton LLP

Update: Governor Cuomo Signs Significant Changes to New York Discrimination and Harassment Legislation Into Law – Employer...

On August 12, 2019, Governor Andrew Cuomo signed into law S.6577, a bill implementing a series of sweeping changes to the New York State Human Rights Law (“NYSHRL”). As we previously reported, S.6577 provides for a number of...more

Pillsbury Winthrop Shaw Pittman LLP

2019 – New York’s Summer of Sweeping New Workplace Discrimination and Harassment Protections

New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers. New York State has enacted...more

Polsinelli

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2019

This edition of Employment Flash looks at developments in labor and employment law, including a Supreme Court ruling that Title VII’s charge-filing requirement is nonjurisdictional and new state legislation in New York,...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

Proskauer - Law and the Workplace

New York State Set to Further Expand Protections Against Workplace Harassment

New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...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

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

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

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

Sheppard Mullin Richter & Hampton LLP

Supreme Court of New Jersey Adopts Faragher/Ellerth Affirmative Defense

On February 11, 2015, the Supreme Court of New Jersey expressly adopted the test created by the United States Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998) and Burlington Indus., Inc. v. Ellerth,...more

Mintz - Employment, Labor & Benefits...

You Take the Good, You Take the Bad: NJ High Court Offers Employers Avenue to Limit Vicarious Liability in Harassment Suits; But...

In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious...more

Littler

New Jersey Supreme Court Provides Guidance to Employers Defending Against Certain Supervisory Harassment Claims

Littler on

On February 11, 2015, the New Jersey Supreme Court for the first time directly addressed and adopted the standard set forth in the U.S. Supreme Court's 1998 decisions in Burlington Industries, Inc. v. Ellerth and Faragher v....more

Troutman Pepper

NJ Supreme Court Rules on Supervisor Liability in Hostile Work Environment Sexual Harassment Cases

Troutman Pepper on

On February 11, the New Jersey Supreme Court issued its decision in Aguas v. New Jersey, No. A-35-13 (072467), holding that an employer’s antidiscrimination policy can be an affirmative defense to sexual harassment hostile...more

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