News & Analysis as of

Sexual Harassment Dispute Resolution

Littler

California Supreme Court Takes a Bite Out of the Rigid Application of Arbitration Fee Deadlines: Hohenshelt v. Superior Court

Littler on

Case Background - A sanitation employee at Golden State Foods Corporation, signed an arbitration agreement governed by the Federal Arbitration Act (FAA) at the start of his employment. In 2020, after reporting alleged...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Part 1

Clark Hill PLC on

There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program. An employee arbitration program is a powerful...more

Miles Mediation & Arbitration

So, You Want to Be a Mediator: How to Start a Mediation Practice

I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more

Proskauer Rose LLP

6 Reasons Why Arbitration Offers Equitable Resolutions

Proskauer Rose LLP on

On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more

Oppenheimer Investigations Group

The Good, the Bad, and the Mediocre: Conducting Investigations that Pass Muster in Related Litigation and Arbitration

Presumably, the decision must have seemed reasonable to the employer at the time. It was 2010, and Romeo Mendoza, a nurse and mid-level supervisor at Western Medical Center Santa Ana (known as Orange County Global Medical...more

Bennett Jones LLP

Please Take a Number: Alberta Human Rights Complaints at a 10 Year High, Other Trends and Tactical Offers

Bennett Jones LLP on

The Alberta Human Rights Commission (the Commission) recently published its annual report, highlighting trends in human rights complaints for the fiscal year April 1, 2023—March 31, 2024....more

Miles Mediation & Arbitration

More Shockwaves from the Harvey Weinstein Scandal: What Corporate Counsel Should Keep in Mind

Sexual harassment legislation keeps coming in the aftermath of the Harvey Weinstein scandal and the resulting #Metoo Movement. Recently, the state of California enacted a bill protecting survivors of sexual assault, sexual...more

Proskauer - California Employment Law

Another Arbitration Agreement Bites the Dust!

The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here. This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more

Jaburg Wilk

Can I Be Forced to Arbitrate My Sexual Assault/Harassment Claims?

Jaburg Wilk on

On March 3, 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) which precludes employers from requiring employees to arbitrate disputes related to sexual assault or...more

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

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more

Jackson Lewis P.C.

Disputing What ‘Dispute’ Means: Courts Debate When Ending Forced Arbitration Act Applies

Jackson Lewis P.C. on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault or harassment in court instead of arbitration. The EFAA, however,...more

Miles Mediation & Arbitration

“He Said, She Said”: The Challenges of Sexual Assault and Sexual Harassment Claims

California recently passed a bill, AB 933, that expands the definition of “privileged speech” to include communications about information concerning sexual harassment, sexual assault, or discrimination. The new law defines...more

K&L Gates LLP

Kneale v Footscray Football Club Ltd – Cautions for Both Sides of Institutional Abuse Claims

K&L Gates LLP on

The question of vicarious liability in the context of nonemployment relationships has been a key issue confronting courts dealing with institutional sexual abuse claims. Indeed, the High Court of Australia will soon deliver...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Informal Resolution as a Solution for Title IX Cases - December 6th, 12:00 pm - 1:00 pm ET

Informal resolution is a powerful Title IX tool that allows parties to have a say in the outcome, avoid a hearing, and save time and resources for all involved. So why isn’t every case resolved informally? In this webinar,...more

Blank Rome LLP

Alternative Dispute Resolution in Title IX Sexual Harassment Cases

Blank Rome LLP on

Title IX was introduced in 1971 as a proposed amendment to the Education Amendments of 1971 and was subsequently codified at 20 U.S.C. §§ 1681–1688.8 The principal purpose of Title IX is set out in U.S.C. § 1681... ...more

Legal Internet Solutions Inc.

Behind the Bio | Author, Mediator, and TEDx Speaker Henry Yampolsky

March 29, 2023 | Behind the Bio LISI Livestream From litigator to . . . peacebuilder? Henry Yampolsky, J.D., joins host Julie Owsik Ackerman for this month’s episode of our series, Behind the Bio, where we will interview a...more

Bricker Graydon LLP

[Ongoing Program] Level 2: K-12 Title IX informal resolution facilitator training - March 17th, 9:00 am - 11:30 am EST

Bricker Graydon LLP on

Title IX Regulations Training (K-12) - Join Bricker & Eckler attorneys for a series of trainings to learn how to remain compliant with the current Title IX regulations....more

Bricker Graydon LLP

[Ongoing Program] Level 2: K-12 Title IX informal resolution facilitator training - January 20th, 9:00 am - 11:30 am EST

Bricker Graydon LLP on

Title IX Regulations Training (K-12) - Join Bricker & Eckler attorneys for a series of trainings to learn how to remain compliant with the current Title IX regulations....more

Fisher Phillips

Does Your Dealership Arbitrate? Recent Developments in Workplace Arbitration Agreements

Fisher Phillips on

Employers – and, in particular, car dealerships – have relied on binding arbitration agreements to resolve employment disputes for decades. Arbitration offers a confidential setting in which businesses can efficiently...more

Bricker Graydon LLP

[Ongoing Program] Level 2: K-12 Title IX informal resolution facilitator training - August 19th, 9:00 am - 11:30 am EST

Bricker Graydon LLP on

Title IX Regulations Training (K-12) - The final Title IX regulations have been released. How will the new requirements affect your policies and procedures? Join Bricker & Eckler attorneys for a series of trainings to learn...more

Jackson Lewis P.C.

Construction Industry Workplace Law Update – Summer 2022

Jackson Lewis P.C. on

How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction- In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new...more

Dorsey & Whitney LLP

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

Dorsey & Whitney LLP on

The New York Times article detailing the accounts of survivors of Harvey Weinstein’s sexual misconduct sparked a wave of revelations and stories from survivors of sexual harassment and abuse in multiple industries throughout...more

Bricker Graydon LLP

[Ongoing Program] Level 2: K-12 Title IX informal resolution facilitator training - May 6th, 9:00 am - 11:30 am EST

Bricker Graydon LLP on

Title IX Regulations Training (K-12) - The final Title IX regulations have been released. How will the new requirements affect your policies and procedures? Join Bricker & Eckler attorneys for a series of trainings to...more

Sheppard Mullin Richter & Hampton LLP

Congress Passes Bipartisan Bill to End Mandatory Arbitration of Sexual Harassment and Assault Claims in the Workplace

In a rare display of bipartisanship, Congress recently passed a new law that is poised to eliminate pre-dispute mandatory arbitration of sexual harassment and sexual assault disputes. On February 7, 2022, the House of...more

Schwabe, Williamson & Wyatt PC

Employers Can No Longer Require Arbitration of Sexual Harassment Claims

On February 10, 2022, a bipartisan group of U.S. legislators passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which amends the Federal Arbitration Act to add a new provision that makes...more

46 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide