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Department of Education’s New Proposed Regulations Coincide with 50th Anniversary of Title IX Posted on: July 07, 2022 In: Sports Law
The U.S. Department of Education released its long-awaited proposed amendments to the regulations for Title IX of the Education Amendments of 1972 in a Notice of Proposed Rulemaking issued in conjunction with the 50th anniversary of Title IX. The Department has stated that the intent of the proposed amendments is to “restore crucial protections for students who are victims of sexual harassment, assault, and sex-based discrimination” that were weakened by previous regulatory changes.
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title ix, department of education, student-athletes, sexual harassment, discrimination
Federal Law Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims Posted on: April 15, 2022 In: Labor & Employment
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which took effect immediately. The Act effectively bans employers from requiring mandatory arbitration of sexual harassment and sexual assault claims, whether arising under federal, state, or tribunal law. Consequently, employees across the U.S. now have the right to choose between pursuing such claims in court or through private arbitration.
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arbitration, sexual harassment, human resources, employment law, employment agreements
Sexual Harassment Prevention Training 2020: What Employers Need to Know Posted on: September 17, 2020 In: Labor & Employment
In 2020, the Illinois Workplace Transparency Act (WTA)—a comprehensive, bipartisan overhaul of Illinois’ sexual harassment and discrimination laws—took effect. The WTA significantly expands the scope and protection of existing employment statutes, redefining “harassment” as “any unwelcome conduct” on the basis of a protected characteristic with “the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment.”
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sexual harassment, sexual discrimination, illinois, workplace transparency act, employee training
Anti-Harassment Policy No Longer Enough? How the Landscape is Changing for Employers Defending Against Sexual Harassment Liability Posted on: March 24, 2020 In: Labor & Employment
An anti-harassment policy is the cornerstone of protecting the workplace from sexual harassment. This is especially true following the #MeToo movement, which took social media platforms and various media outlets by storm beginning in 2017.
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anti-harassment, sexual harassment, #metoo, human resources, hostile work environment
Recent New Jersey Verdict Draws Into Focus Employer Liability for the Actions of Non-Employees Posted on: February 21, 2020 In: Labor & Employment
A New Jersey jury recently awarded $2.4 million in damages against a financial institution for failing to adequately prevent an employee from being sexually assaulted by a customer. The threshold question of whether a company can be held liable for the conduct of a non-employee has been answered, at least in the Law Division in New Jersey, in the affirmative.
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sexual harassment, employer liability, non-employees, eeoc, new jersey
Sexual Harassment by the Uninhibited Posted on: January 28, 2020 In: Labor & Employment
Many of us know someone residing in a senior living community or long-term care facility and have heard stories of residents losing their inhibitions. There are stories of seniors being rude, saying things that are inappropriate, and experiencing sexual disinhibition. What we have not heard though is what happens when a caregiver is sexually harassed by a resident.
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sexual harassment, senior care, employee safety, healthcare, human resources
The #MeToo Movement & NDAs Posted on: October 02, 2019 In: Labor & Employment
The legal and cultural impact of the #MeToo movement has taken many forms, but one interesting facet in particular was how it peeled back the curtain on how claims of sexual harassment are handled and settled by companies and counsel. Notably, it was common for these settlements, and the non-disclosure agreements (NDAs) that came with them, to draw the most ire in the public eye.
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non-disclosure agreements, sexual harassment, #metoo, confidentiality, settlements
Settling Sexual Harassment Cases Post-‘Me Too’: Three New California Laws You Need to Know Posted on: March 11, 2019 In: Labor & Employment
The “Time’s Up” and “Me Too” movements have sparked societal change in many ways, including in our legal system. In response, the California Legislature quickly enacted several new laws aiming to deter the quieting of sexual harassment claims. Here are the three news laws employers should consider when resolving sexual harassment claims.
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Tags:
me too, california, sexual harassment, settlement