News & Analysis as of

Arbitration Agreements Hostile Environment

Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Amundsen Davis LLC

National State Employment Law Update

Amundsen Davis LLC on

Several changes impacting employers in jurisdictions across the nation are summarized in our latest blog post. California - Effective July 1, 2024- On July 1, 2024, Governor Newsom signed Assembly Bill 2288 (A.B. 2288)...more

Payne & Fears

July 2024 Case Summaries

Payne & Fears on

Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Sands Anderson PC

Law Invaliding Arbitration Agreements For Sexual Harassment Claims Passes Congress

Sands Anderson PC on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 has passed Congress and President Biden is expected to sign it into law. The Act invalidates the enforcement of pre-dispute arbitration...more

Nelson Mullins Riley & Scarborough LLP

EMPLOYER ALERT – Senate Clears Way for Major Shift in Banning Arbitration Agreements and Class Waivers for Workplace Sexual...

On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445).  President Biden is expected to sign the bill into law shortly.  ...more

Stinson - Government Contracting Matters

#MeToo Arbitration Ban – Protect Yourself With Prevention

It is all but certain that mandatory arbitration clauses will no longer exist for workplace sexual assault and sexual harassment claims once the expected legislation many refer to as the #MeToo Arbitration Ban is signed by...more

Proskauer - California Employment Law

San Francisco Jury Hits Tesla with $137 Million Race Harassment Verdict

On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016.  ...more

Cohen Seglias Pallas Greenhall & Furman PC

Employers Beware! NY Revamps Its Sexual Harassment Law

On August 12, 2019, Governor Andrew Cuomo signed new legislation (Senate Bill S6577, A8421) making it significantly easier for employees to file sexual harassment lawsuits in New York....more

Littler

Illinois’ New #MeToo-Inspired Law Creates Sweeping Employer Obligations

Littler on

In line with recently passed legislation in New York and California, Illinois’ legislature rallied to create a bill that would help increase employee protections by combating discrimination and harassment in the workplace. ...more

Ballard Spahr LLP

Federal Court Rules that the FAA Preempts New York Law Prohibiting Mandatory Arbitration of Sexual Harassment Claims

Ballard Spahr LLP on

In response to the #MeToo movement, New York State has led the way in enacting legislation to expand employee rights to file and recover for sexual harassment claims.  ...more

Carlton Fields

Failure to Specifically Challenge “Delegation” Clause in Arbitration Agreement Means Motion to Compel Arbitration “Must Be...

Carlton Fields on

The plaintiff sued his former employer for discrimination, retaliation, hostile work environment, and violations of the Missouri Human Rights Act. The defendant moved to compel arbitration based on the parties’ Mutual...more

Payne & Fears

Key California Employment Law Cases: March 2019

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This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

FordHarrison

New Jersey's Response to #MeToo: New Law Voids Non-Disclosure Agreements and Questions Future of Employee Arbitration Agreements

FordHarrison on

Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019, invalidates any provision of an employment agreement which “waives any substantive or procedural right...more

Farella Braun + Martel LLP

New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and...more

Seyfarth Shaw LLP

California Legislative Update: Sexual Harassment, Other Bills Await Governor’s Signature

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Seyfarth Synopsis: August 31 was the California Legislature’s last day to send bills to Governor Brown for his approval or veto by his September 30 deadline. Chief among them are bills addressing sexual harassment....more

Troutman Pepper

New Maryland Law Requires Employers To Gather Information On Settlement Of Sex Harassment Claims

Troutman Pepper on

Q. Are there any laws related to settlement of sex harassment claims in Maryland that I should be aware of? A. In response to the many high-profile scandals in the news, several jurisdictions have enacted anti-sexual...more

Ballard Spahr LLP

Attorneys General Seek to Ban Mandatory Arbitration for Workplace Sexual Harassment

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Each state's attorney general has signed a letter demanding that Congress amend the Federal Arbitration Act (FAA) to prohibit mandatory arbitration provisions in claims involving workplace sexual harassment. ...more

Littler

Lawmakers Take Aim: Will #MeToo Curb Nondisclosure or Arbitration Agreements?

Littler on

In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem...more

Fenwick & West LLP

Fenwick Employment Brief - October 2013

Fenwick & West LLP on

In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more

McAfee & Taft

EmployerLINC.com - February 8, 2013: Court enforces agreement to arbitrate

McAfee & Taft on

In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more

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