Virginia joined the list of states limiting employers’ ability to include confidentiality and non-disparagement provisions in employment agreements for matters related to sexual harassment. But the law’s scope seems limited, and does not appear to apply to post-employment severance agreements.
Continue Reading Virginia, Too – Increased Restrictions on Employee Confidentiality Provisions Related to Sexual Harassment Claims
On December 7, 2022, President Joe Biden signed the Speak Out Act (the “Act”), which limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. The bipartisan Act was previously passed by the Senate and the House of Representatives by an overwhelming majority.
Continue Reading Speak Out Act Restricts Use of Non-Disclosure and Non-Disparagement Provisions
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 Seventh Circuit Court of Appeals recently decertified a class of female correctional facility employees who alleged gender discrimination based, in part, on a theory of “ambient” harassment. The opinion underscores how the individualized nature of harassment claims can act as a barrier to class certification.
Continue Reading Seventh Circuit Decertifies Ambient Sexual Harassment Class of Plaintiffs
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
The California Department of Fair Employment and Housing last month filed an enforcement action in Los Angeles Superior Court against Riot Games, Inc. to compel compliance with its ongoing investigation into allegations of gender discrimination, sexual harassment, sexual assault, and retaliation. While the identified claims are broad, the primary thrust appears to be the contention that female employees at Riot Games are paid less than their male counterparts.
Continue Reading DFEH Files Enforcement Action For Company’s Alleged Refusal To Cooperate In Systemic Discrimination Investigation
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
To all employers in Washington DC who employ tipped workers, heed this warning: as of July 1, 2019, you must comply with new notice, reporting, and training requirements, as set forth in the Tipped Wage Workers Fairness Amendment Act of 2018.
Continue Reading DC Employers of Tipped Workers Must Prepare To Comply With New Wage and Hour Requirements