News & Analysis as of

Sexual Harassment Workplace Investigations

Cohen Seglias Pallas Greenhall & Furman PC

[Event] Annual Labor & Employment Law Seminar: Key Updates and Best Practices for Employers - September 18th, Philadelphia, PA

We are thrilled to bring back our Annual Labor & Employment Law Seminar in Philadelphia, featuring interactive discussions led by our skilled attorneys on critical topics impacting your business. This year, our Labor &...more

Lathrop GPM

EEOC Issues Enforcement Guidance on Harassment in the Workplace

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At the end of April 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The Guidance...more

Littler

Ontario, Canada Appeal Court Decides Findings of Workplace Investigation Were Not Defamatory

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In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario (OCA) upheld the dismissal of a defamation action under s. 137.1 of Ontario’s Courts of Justice Act (CJA). The decision provides guidance...more

Jaburg Wilk

Wouldn’t You Want To Know?

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As the owner of a small law firm, you are proud of the firm that you helped build. One day, a female employee tells you that a male coworker is making her uncomfortable and won’t stop sexually harassing her. The #metoo...more

Genova Burns LLC

NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations

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On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s...more

Jackson Walker

Labor & Employment Symposium - Topics: Investigations into Sexual Harassment Allegations; State and Local Law Update

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Jackson Walker attorneys Sarah Mitchell Montgomery and Sara Harris discuss current labor and employment law topics that might impact you and your company. Topics: Investigations into Sexual Harassment Allegations State and...more

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

The Cuomo Report: An Employment Lawyer’s Takeaways and Tips on Conducting Workplace Investigations

The August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation into Allegations of Sexual Harassment by Governor Andrew M. Cuomo”...more

American Conference Institute (ACI)

[Virtual Event] Employment Practices Liability Insurance - January 26th - 28th, 10:15 am - 4:15 pm EST

29th Annual Employment Practices Liability Insurance - ACI’s 29th Annual Employment Practices Liability Insurance conference returns on January 26-28, 2021 in an interactive, virtual format! This yearly conference is the...more

Epstein Becker & Green

NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are...

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The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...more

Proskauer - Labor Relations Update

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

As anticipated, in one of the last decisions before the end of Member McFerran’s term, the NLRB issued another important opinion. Reverting back to precedent that preceded a 2015 decision, the Board, in Apogee Retail LLC...more

Snell & Wilmer

Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for...

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Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. In a decision involving a Las Vegas employer, the Board held...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 4, 2019

Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more

Ward and Smith, P.A.

EEOC Representative Provides Perspective on Sexual Harassment and Discrimination

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How does the Equal Employment Opportunity Commission evaluate discrimination complaints? What trends is it seeing in the cases it’s reviewing? And how do investigators assess claims involving sexual harassment and equal...more

Littler

Has #MeToo Created a New Claim of Male-Bias Discrimination?

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Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more

Jackson Lewis P.C.

[Webinar] Workplace Investigations in the #MeToo Era - October 22nd, 12:00pm ET

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It has been two years since the first allegations were made against Harvey Weinstein, sparking the #MeToo movement. The movement has fundamentally changed the way companies investigate sexual harassment complaints. The legal...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

Proskauer - California Employment Law

Workplace Complaints in the #MeToo Era

The #MeToo and #TimesUpmovements have sparked an undeniably important conversation. They have brought to light allegations of sexual assault, harassment and discrimination in society at large and in the workplace in...more

Fisher Phillips

October 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

#MeToo: A New Spotlight On An Old Problem

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Statistics show that sexual harassment in the workplace is an unfortunate reality. Surveys conducted over the years have suggested that approximately 25 percent of women have experienced some sort of sexual harassment in the...more

Sheppard Mullin Richter & Hampton LLP

EEOC Data Confirms #MeToo’s Impact: Six Keys for Employers in the Wake of This Powerful Cultural Moment

A 21st Century Social Movement - In this age of interconnectivity, compelling societal movements have a never-before-seen speed and reach. Traditional means of spreading information and generating social change have been...more

Ward and Smith, P.A.

Employment Law Symposium: Preventing and Dealing with Workplace Harassment

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Sexual harassment in the workplace has been in the news a lot lately, thanks to high-profile cases involving people such as former Fox News CEO Roger Ailes, actor Kevin Spacey, and Hollywood executive Harvey Weinstein....more

Fisher Phillips

Reporting Sexual Harassment In The Digital Age

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In the wake of #TimesUp and #MeToo, the business world continues to reel over the seemingly shocking realization that sexual harassment is even more pervasive than most had imagined. This movement has forced employers across...more

Mintz - Employment Viewpoints

Navigating Unexpected Terrain in Workplace Investigations

Join me in a discussion on the increasingly nuanced landscape of employee workplace investigations and best practices in managing their effect on corporate brand, attorney-client privilege and obligations to applicable...more

Fox Rothschild LLP

Challenges Of Investigating Harassment Claims In The #Metoo Era

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I don’t know Aziz Ansari and I can’t purport to know what happened in his apartment on the night of the first date that has headlined the news this week. But, after 17 years as a labor & employment attorney, with a specialty...more

Amundsen Davis LLC

Did Your Investigation Push The Envelope Or The Self-Destruct Button?

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Accusations, particularly of sexual harassment, are the news of the day. But a business can face a wide range of accusations any given day, such as the customer who “slips” in the parking lot, or another business which claims...more

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