News & Analysis as of

Employer Liability Issues #MeToo

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Littler

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

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Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral...more

Hogan Lovells

The #MeToo Wave will affect every industry in 2025

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Not a month goes by without new allegations of #MeToo offences. In addition, there is a call for more stringent regulations on transgressive behaviour. This has led to a stronger focus on compliance standards. Organisations...more

Hogan Lovells

The Scandals Keep Coming: The #MeToo Wave will affect every industry in 2025

Hogan Lovells on

Not a month goes by without new allegations of #MeToo offences. In addition, there is a call for more stringent regulations on transgressive behaviour. This has led to a stronger focus on compliance standards. Organisations...more

King & Spalding

Changes to the Duty to Prevent Sexual Harassment

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The Worker Protection (Amendment of Equality Act 2020) Act 2023 comes into force on 26 October 2024, introducing a new legal obligation on UK employers to take ‘reasonable steps’ to prevent sexual harassment at work. In this...more

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

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Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

Dorsey & Whitney LLP

My Employees Have Seen Too Much. Can I Make Them An Offer They Can’t Refuse?

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It is common knowledge that employers have a vested interest in the confidentiality and discretion of their employees, especially in emerging or sensitive industries. ...more

Seyfarth Shaw LLP

No Arbitration Even If Only One Claim Is Covered By EFAA

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Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment....more

Seyfarth Shaw LLP

Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced...more

WilmerHale

Society of Lloyd’s Acts to Toughen Byelaws for #MeToo Era

WilmerHale on

#MeToo is on the eve of a new chapter in the United Kingdom. Non-financial misconduct has been high on both the regulatory and political agenda in 2024. Originally published in www.compliancemonitor.com and www.i-law.com...more

Littler

#MeToo: New York State Court Allows Actor’s Claims Against Entertainment Companies to Proceed Based on Alleged Conduct in 1995 by...

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A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted...more

Seyfarth Shaw LLP

Global Trends CEOs Can’t Ignore: The New Era of Harassment Prevention

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Workplace sexual harassment prevention is undergoing a seismic transformation, and global legislators’ expectations of employers are increasingly moving from reactive to proactive measures....more

Littler

Louisiana Becomes Latest State to Prohibit Nondisclosure Clauses Related to #MeToo Claims

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Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins...more

Venable LLP

The List of States Regulating Non-Disclosure Provisions Continues to Grow

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From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more

Dentons

New Iowa Court Supreme Court Ruling Covers Hostile Work Environment

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The Iowa Supreme Court filed its opinion in Tracy White v. State of Iowa and Iowa Department of Human Services on April 12, 2024. This case related to the issues of hostile work environments as raised under the Iowa Civil...more

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

Utah Becomes Latest State to Ban Nondisclosure Clauses Regarding #MeToo Claims

Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about sexual misconduct...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Long-Awaited Enforcement Guidance on Harassment in the Workplace

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on harassment in the workplace. The guidance is the result of approximately seven years of effort and replaces...more

Whiteford

Employment Law Update: The EEOC’s Final Enforcement Guidance on Workplace Harassment Is Here

Whiteford on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment (the Guidance), to include developments “answering the call” of the #MeToo...more

Ius Laboris

Enforcing a positive duty to prevent sexual harassment in the workplace

Ius Laboris on

A new law relating to sexual harassment in the UK is due to come into force on 26 October 2024 which places a legal obligation on all employers to take proactive measures to prevent sexual harassment from occurring in the...more

Littler

Dear Littler: How should we handle anonymous complaints?

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Dear Littler, I’m the CEO of a fast-growing company. A team of sales executives reports to me and each has a large team of sales employees that reports to them. Last week someone anonymously emailed HR complaining about...more

Akerman LLP - HR Defense

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

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With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently...more

Ius Laboris

UK passes new sexual harassment law

Ius Laboris on

A new law on the prevention of sexual harassment has been passed in the UK. What do employers need to know, and what should they be doing now?...more

Seyfarth Shaw LLP

Navigating New York’s Revised Legal Framework for Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed into law S4516, a significant amendment to Section 5-336 of the New York General Obligations Law. This legislation marks a critical expansion in the state's ongoing...more

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

New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations...more

Littler

New York Enacts Greater Restrictions on Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

Littler on

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

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