News & Analysis as of

Faragher/Ellerth defense

McAfee & Taft

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

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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

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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

McGuireWoods LLP

Defendant Dodges a Bullet When Preparing a Two-Part Faragher-Ellerth Report

McGuireWoods LLP on

Based on two United States Supreme Court decisions, defendants sometimes may assert what is known as a "Faragher-Ellerth" affirmative defense to discrimination and harassment claims. To successfully assert that affirmative...more

Akerman LLP - HR Defense

Reminder: Promptly Investigate Harassment Complaints

Even though the COVID-19 pandemic and its impact on the workplace has dominated the headlines recently, employers should be careful not to delay investigating non-pandemic-related complaints—particularly those of harassment. ...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

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

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

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

Kramer Levin Naftalis & Frankel LLP

Significant Amendments to NYS Anti-Discrimination and Anti-Harassment Laws Go Into Effect

As the New York State Legislature neared the end of the 2019 session in June, it passed several bills amending the state’s laws prohibiting discrimination and harassment. We addressed the major provisions of these new bills...more

Seyfarth Shaw LLP

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

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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

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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

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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

Proskauer - Law and the Workplace

New York State Significantly Expands Workplace Anti-Discrimination Protections

On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State. As we previously reported in detail, the new legislation includes numerous...more

BCLP

What Employers Need to Know about New York State’s New Discrimination and Harassment Laws: Part 2

BCLP on

On June 19, 2019, the New York Legislature voted to reform New York discrimination law. See NYS Assembly Bill No. A8421.  Although Governor Andrew Cuomo is expected to sign the bill, as of August 7, 2019, it still has not...more

Parker Poe Adams & Bernstein LLP

Prior Harassment Claims Do Not Eliminate Employer's Use of Faragher-Ellerth Defense

Under Title VII, employers are vicariously liable for incidents of sexual harassment engaged in by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court acknowledged a limited defense to claims of...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

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

Kramer Levin Naftalis & Frankel LLP

New York State Adopts Additional Laws to Combat Discrimination and Harassment

The New York State Legislature passed several bills at the end of its 2019 session which, yet again, will impact New York employers. Some of the new legislation further amends laws that were implemented last year, which...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

Dechert LLP

New York Legislature Passes Profound and Sweeping Sexual Harassment Bill

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The New York Legislature on June 19, 2019 unanimously passed expansive new protections for protected classes and special protections for employees who have been sexually harassed through a new bill — S.6577. According to its...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

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