News & Analysis as of

Employer Liability Issues Sexual Assault Sexual Harassment

McGlinchey Stafford

Are Employers Liable in Tort for Employees’ Sexual Assaults?

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Should employers be liable in tort for their employees’ sexual assaults? Until recently, the universal answer was a resounding “no.” After all, an employer is only liable for their employees’ actions when the employee is...more

Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

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A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more

Shook, Hardy & Bacon L.L.P.

American Law Institute Endorses Novel Vicarious Liability Tort for Employee Sexual Assaults

In a controversial decision, the American Law Institute (ALI) approved a novel “Special Rule on Vicarious Liability for Sexual Assault” that endorses a new strict liability tort claim against employers for certain sexual...more

Carlton Fields

Third Circuit Holds Harassment Exclusion Bars Coverage for Sexual Assault Suit Under Pennsylvania Law

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In Rice Enterprises LLC v. RSUI Indemnity Co., the Third Circuit Court of Appeals affirmed the district court’s finding that the insured was not entitled to coverage from its employer’s liability insurer or its umbrella...more

Venable LLP

The “Kiss” of Death for Spanish Football: Lessons Learned on Sport Safeguarding and Labor Relations from the Jenni Hermoso Trial

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On August 20, 2023, the Spanish national football team won the FIFA Women’s World Cup for the first time in history. As star forward Jenni Hermoso received her medal in front of thousands of fans, Luis Rubiales, then...more

McGlinchey Stafford

Podcast: Sexual Misconduct and Safer Seas: What Merchant Mariners Need to Know [More with McGlinchey, Ep. 78]

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In this installment of the More with McGlinchey Podcast, labor and employment attorney Susan Desmond and maritime attorney Marcelle Mouledoux discuss the Safer Seas Act and Title VII requirements for the marine industry. They...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

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

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Whiteford

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

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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

Foley & Lardner LLP

Utah Enacts H.B. 55, Impacting the Use of Confidentiality Clauses in Employment Settlement Agreements

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On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...more

Clark Hill PLC

Our Working Theory: Creating a Respectful Workplace Is the Antidote to Sexual Harassment in the Workplace

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Top 10 Takeaways from Clark Hill Labor & Employment Webinar, Dec. 6, 2023 - Thanks to all of you who joined our webinar on Dec. 6 discussing creating respectful workplaces to deter harassment claims. Here are the top 10...more

Ervin Cohen & Jessup LLP

New California Law Protects Victims of Sexual Harassment, Discrimination or Assault From Claims of Defamation

The California Legislature recently passed Assembly Bill 933, a bill expanding privileged speech to expressly include communications regarding factual information pertaining to incidents of sexual assault, harassment or...more

Genova Burns LLC

Ending Forced Arbitration of Sexual Harassment, Not Discrimination

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Arbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties of a claim to resolve the dispute...more

Spilman Thomas & Battle, PLLC

For Virginia Employers: Employment Law Changes Effective July 1, 2023

On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed...more

Fisher Phillips

Tiger Woods Avoids Legal Rough…For Now: 3 Key Takeaways for Employers about Workplace Relationships, Non-Disclosure Agreements,...

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Tiger Woods’ recent legal issues could actually help employers better understand their rights and responsibilities when it comes to workplace relationships, non-disclosure agreements, and arbitration provisions. His former...more

Williams Mullen

Virginia Expands Nondisclosure Agreement Law to Include Sexual Harassment Claims

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On March 26, 2023, Governor Glenn Youngkin signed HB 1895 into law which will amend Virginia Code § 40.1-28.1, entitled, “Nondisclosure or confidentiality agreement; provisions regarding sexual assault; condition of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Troutman Pepper Locke

Employees ‘Speak Out!’: How the Speak Out Act Will Affect Employee Non-Disclosure Agreements

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In early 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Inspired by the #MeToo movement, the law banned compulsory, pre-dispute arbitration clauses in cases...more

Littler

#MeToo Update: The Adult Survivors Act for New York Employers

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New York State’s Adult Survivors Act (ASA), which was enacted on November 24, 2022, amends the state’s statute of limitations for civil claims alleging certain sexual offenses—which may include any unwanted sexual contact in...more

Verrill

The Speak Out Act: Key Points You Need to Know

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With 2023 underway, employers should be mindful of new federal legislation affecting key provisions in their employment agreements. On December 7, 2022, President Biden signed into law the “Speak Out Act,” which prohibits...more

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