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Governor Newsom has signed SB 331 (the “Silenced No More Act”) into law.  As discussed in our prior blog post, SB 331 will expand the existing restrictions on the confidentiality provisions recently put into place by SB 820 (which restricts the usage of confidentiality provisions in agreements related to sexual assault, harassment, or harassment) to also restrict the usage of confidentiality provisions related to all claims of harassment, discrimination, or retaliation under the FEHA. …
Continue Reading California Enacts Expanded Restrictions on Confidentiality Provisions

The California Department of Fair Employment and Housing recently updated its Sexual Harassment Prevention Training FAQ guidance to address some of the questions surrounding SB 1343, which requires employers with five or more employees to provide classroom or “other interactive training” for all California employees (not just supervisors) every two years…
Continue Reading California DFEH Updates FAQ on Sexual Harassment Prevention Training in Light of New Deadline to Comply

The #MeToo movement has placed sexual harassment on the front pages of newspapers, has galvanized some states to reconsider their own sexual harassment laws, and has encouraged employers to take a closer look at their policies and procedures. With such heightened awareness of sexual harassment, employers may feel an inclination to resolve doubts in favor of the accuser.  A recent Second Circuit decision, however, illustrates a counterweight to this outlook.
Continue Reading Sexual Harassment Claims: Follow Policy and Procedure or the Accused May Become the Accuser

Yesterday, Governor Cuomo signed the last of several bills that massively overhauls New York State’s discrimination and harassment laws. Employers are advised to take a fresh look at their policies and practices to ensure that they are in line with all the recent changes in New York employment laws.
Continue Reading New York Overhauls Discrimination and Harassment Laws in Second #MeToo Wave

As part of a flurry of legislation enacted in 2018 as a response to the #metoo movement, 11 bills were signed to combat workplace sexual harassment. What does this mean for businesses?  Hint: that training video you’ve been showing to new employees for years is likely no longer sufficient.  …
Continue Reading New York Mandatory Anti-Harassment Training Explained

Today, New York City’s anti-sexual harassment training law goes into effect. Under the new law, private employers must provide annual “interactive” sexual harassment training to their entire workforce, including some independent contractors and part-time employees. The NYC law is similar—but not identical—to a recently enacted New York state law mandating sexual harassment training.
Continue Reading New York City Anti-Sexual Harassment Training Law Takes Effect on April 1, 2019

In the wake of the #MeToo movement, the EEOC reconvened its task force on sexual harassment in June 2018.  Most recently, in a continued effort  to focus on leading harassment prevention efforts, the EEOC organized the “Industry Leaders Roundtable Discussion on Harassment Prevention.”…
Continue Reading EEOC and Industry Leaders Convene to Focus on Harassment Prevention

What are newly elected Governor Gavin Newsom’s views on #MeToo legislation, and how do they compare to those of his predecessor, Jerry Brown?  We may soon have answers to these questions thanks to a pair of bills introduced by Assemblywoman Lorena Gonzalez (D-San Diego), which reintroduce harassment-related proposals vetoed by Governor Brown.
Continue Reading #MeToo Reboot Presents Early Test for California Governor Gavin Newsom

California’s legislature and courts have acted to curb an employer’s ability to recover its fees and costs when it prevails in a lawsuit brought under California’s Fair Employment and Housing Act, even if the plaintiff employee rejected the employer’s Code of Civil Procedure Section 998 offer to compromise.
Continue Reading California: No Fee Award For Prevailing Employer in FEHA Action Even Where 998 Offer Rejected