News & Analysis as of

#MeToo

Littler

#MeToo: New York State Court Allows Actor’s Claims Against Entertainment Companies to Proceed Based on Alleged Conduct in 1995 by...

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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

Seyfarth Shaw LLP

Global Trends CEOs Can’t Ignore: The New Era of Harassment Prevention

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Workplace sexual harassment prevention is undergoing a seismic transformation, and global legislators’ expectations of employers are increasingly moving from reactive to proactive measures....more

Manatt, Phelps & Phillips, LLP

AGs Challenge EEOC’s New Harassment Guidance

After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more

Littler

Louisiana Becomes Latest State to Prohibit Nondisclosure Clauses Related to #MeToo Claims

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Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins...more

Venable LLP

The List of States Regulating Non-Disclosure Provisions Continues to Grow

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From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more

Goldberg Segalla

New Jersey Supreme Court Holds that Broad Non-Disparagement Clauses No Longer Permitted

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Laws have been enacted throughout the United States in the wake of the #MeToo movement which have served to erode the confidentially and non-disparagement protections that settlement agreements typically provide employers....more

Epstein Becker & Green

N.J. Supreme Court Bans Broad “Non-Disparagement” Provisions in Agreements Settling Employment Discrimination, Harassment, and...

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In 2019, in response to the “#MeToo” movement, the New Jersey Legislature enacted a law that made any “non-disclosure provision” in an employment contract or settlement agreement unenforceable against the employee, if the...more

Dentons

New Iowa Court Supreme Court Ruling Covers Hostile Work Environment

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The Iowa Supreme Court filed its opinion in Tracy White v. State of Iowa and Iowa Department of Human Services on April 12, 2024. This case related to the issues of hostile work environments as raised under the Iowa Civil...more

Kelley Drye & Warren LLP

New Jersey Supreme Court Rules that Non-Disparagement Clauses Violate #MeToo Law

In recent years, state #MeToo laws have slowly but surely chipped away at the use of confidentiality or non-disclosure clauses in settlement agreements. Employers have attempted to get ​“creative” and have relied more heavily...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Utah Becomes Latest State to Ban Nondisclosure Clauses Regarding #MeToo Claims

Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about sexual misconduct...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Long-Awaited Enforcement Guidance on Harassment in the Workplace

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on harassment in the workplace. The guidance is the result of approximately seven years of effort and replaces...more

Whiteford

Employment Law Update: The EEOC’s Final Enforcement Guidance on Workplace Harassment Is Here

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment (the Guidance), to include developments “answering the call” of the #MeToo...more

Passle

Empathy in Action: Kristen Gibbons Feden’s Journey to Justice - Passle's CMO Series REPRESENTS Podcast

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Dubbed by The New York Times as “The Prosecutor Who Stared Down Bill Cosby,” and internationally recognized as a leading litigator in the #MeToo Movement, in this very special live recording of the CMO Series REPRESENTS...more

Ius Laboris

Enforcing a positive duty to prevent sexual harassment in the workplace

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A new law relating to sexual harassment in the UK is due to come into force on 26 October 2024 which places a legal obligation on all employers to take proactive measures to prevent sexual harassment from occurring in the...more

Littler

Dear Littler: How should we handle anonymous complaints?

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Dear Littler, I’m the CEO of a fast-growing company. A team of sales executives reports to me and each has a large team of sales employees that reports to them. Last week someone anonymously emailed HR complaining about...more

Akerman LLP - HR Defense

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

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With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently...more

Mintz - Employment Viewpoints

2023 New York Employment Law Roundup

Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more

Mintz - Employment Viewpoints

New York State Enacts Changes to Employment-Related Confidentiality Provisions

In an effort to further restrict the use of confidentiality clauses when resolving employment discrimination, harassment, and retaliation claims, New York recently passed S4516, which amends Section 5-336 of the New York...more

Ankura

Managing Sexual Misconduct in Media & Entertainment: What Organisations Should Consider in a Post-#MeToo Era.

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It has been six years since the #MeToo movement gained global prominence following public allegations of sexual harassment and abuse against Hollywood producer Harvey Weinstein, who was subsequently charged and found guilty...more

Ius Laboris

UK passes new sexual harassment law

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A new law on the prevention of sexual harassment has been passed in the UK. What do employers need to know, and what should they be doing now?...more

Seyfarth Shaw LLP

Navigating New York’s Revised Legal Framework for Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed into law S4516, a significant amendment to Section 5-336 of the New York General Obligations Law. This legislation marks a critical expansion in the state's ongoing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations...more

Littler

New York Enacts Greater Restrictions on Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

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On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of...more

Ankura

Managing Reputational Risk: Sexual Misconduct and Assault Allegations in Football

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In a post #MeToo era, the dramatic increase in the number of sexual misconduct and assault reports made public intensifies each year and appears to be organizationally and geographically agnostic. Within the world of...more

Miles & Stockbridge P.C.

EEOC-Proposed Workplace Harassment Guidance Broadens Definition of ‘Harassment’

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The Equal Employment Opportunity Commission (EEOC) released earlier this month updated proposed guidance on harassment in the workplace, largely based on developments in applicable case law and societal trends coming out of...more

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