News & Analysis as of

Sexual Harassment Sex Discrimination Employer Liability Issues

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

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On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Stinson LLP

EEOC Updates Workplace Harassment Guidelines

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For the first time in 25 years, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Enforcement Guidance on Harassment in the Workplace. Employers should review existing anti-harassment policies and trainings...more

Hinshaw & Culbertson - Employment Law...

EEOC Publishes Final Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace...more

Mayer Brown

Guide to Discrimination Law in Hong Kong

Mayer Brown on

Introduction - GENERAL OVERVIEW - Hong Kong employers and employees have become increasingly aware of their rights and obligations under the anti-discrimination legislation since the passing of the Sex Discrimination...more

FordHarrison

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

FordHarrison on

New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more

Ervin Cohen & Jessup LLP

New California Law Protects Victims of Sexual Harassment, Discrimination or Assault From Claims of Defamation

The California Legislature recently passed Assembly Bill 933, a bill expanding privileged speech to expressly include communications regarding factual information pertaining to incidents of sexual assault, harassment or...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

Genova Burns LLC

Ending Forced Arbitration of Sexual Harassment, Not Discrimination

Genova Burns LLC on

Arbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties of a claim to resolve the dispute...more

Miller Nash LLP

Not Perfect Harmony: Blasting Music with Derogatory Terms May Create a Hostile Workplace

Miller Nash LLP on

Employers who allow music in the workplace should pay attention to lyrics and content. The Ninth Circuit Court of Appeals recently held that music with sexually derogatory and violent content played in the workplace can...more

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

New York State Adopts Updates to Model Sexual Harassment Prevention Policy

On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized updates to the state’s “Sexual Harassment Model Policy” that provides employers a template to aid their compliance with New York State laws...more

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

China Increases Employers’ Responsibilities to Address Discrimination and Sexual Harassment Against Women in the Workplace

China has introduced a new legislative amendment revising the Women’s Protection Law, which was first introduced in 1991, to address workplace gender discrimination and sexual harassment. The amendment, which took effect on...more

Proskauer - Law and the Workplace

REMINDER: Chicago Employers Must Complete Sexual Harassment Prevention and Bystander Training by June 30, 2023

On April 27,2022, the Chicago City Council passed SO2022-665, which broadened the Chicago Human Rights Ordinance (the “Ordinance”) and imposed new requirements on Chicago employers with respect to preventing sexual harassment...more

FordHarrison

Federal Contractor Update (Including New Workplace Poster Applicable to All Employers)

FordHarrison on

Executive Summary: EEOC and OFCCP have issued a new workplace poster, and the end of the year is quickly approaching. Now is the time for federal contractors to start planning for 2023 compliance with OFCCP obligations...more

Frantz Ward LLP

EEOC Revises Mandatory Workplace Poster

Frantz Ward LLP on

On October 21, 2022, the Equal Employment Opportunity Commission (“EEOC”) published an updated version of its “EEO is the Law” workplace poster with a new poster entitled “Know Your Rights:  Workplace Discrimination is...more

Littler

Employers, It’s Time to Update Your EEO Poster

Littler on

It is old news to most covered employers that they are obligated to post certain notices for their workforce. What these employers may not know, however, is that the EEOC recently updated and replaced its “EEO is the Law”...more

Polsinelli

EEOC Releases Updated Mandatory Posting

Polsinelli on

Federal law requires employers to post a notice for employees regarding federal anti-discrimination laws. The Equal Employment Opportunity Commission (the “EEOC”) provides the notice, and the EEOC recently released an updated...more

Stinson LLP

EEOC Releases New “Know Your Rights” Poster

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On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new version of the “Know Your Rights: Workplace Discrimination is Illegal” poster. This new poster, much like the previous version,...more

Burr & Forman

EEOC Releases Updated Employment Discrimination Poster

Burr & Forman on

On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) published an updated ‘Know Your Rights’ workplace poster which replaces the previous “EEO is the Law” poster. The updated poster summarizes major...more

Franczek P.C.

EEOC Releases New ‘Know Your Rights’ Poster

Franczek P.C. on

The U.S. Equal Employment Opportunity Commission (EEOC) just released an updated ‘Know Your Rights: Workplace Discrimination is Illegal’ poster, which supersedes its earlier ‘EEOC is the Law’ poster.  The poster summarizes...more

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

K&L Gates LLP on

Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit...more

Littler

Ontario, Canada: HRTO Finds Employee Was Victim of Repeated Acts of Sex Discrimination in Poisoned Work Environment

Littler on

In A.B. v. C.D., 2022 HRTO 890, the Human Rights Tribunal of Ontario (HRTO) found that the applicant was a victim of discrimination on the basis of sex and that her work environment was poisoned by repeated acts of...more

Littler

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

Littler on

In March 2019, in response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any...more

Saiber LLC

Non-Disparagement Clauses Held Enforceable in New Jersey Employment Settlement Agreements

Saiber LLC on

Although New Jersey clearly prohibited non-disclosure provisions in employment contracts and settlement agreements in 2019 under N.J.S.A. 10:5-12.8 relating to a claim of discrimination, retaliation, or harassment, an open...more

Morgan, Brown & Joy, LLP

Congress Moves To Compel The Litigation Of Workplace Sexual Harassment Claims

On February 7, 2022, the House of Representatives passed a significant bill that prevents the enforcement of arbitration provisions against an employee alleging sexual harassment. While not yet law, the bill is expected to...more

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