Earlier this month, Congress passed a bill that will effectively end mandatory arbitration in workplace sexual assault and harassment cases, providing employees with a choice of proceeding with their claims in either court or via arbitration. The legislation, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“Act”) was passed by a bi-partisan majority in the House and Senate and is expected to be signed into law by President Biden. This law is significant as there are an estimated 60,000,000 workers in the United States who are subject to arbitration clauses, many of whom do not even realize it.
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Five Takeaways for Private Employers Following the Cuomo Sexual Harassment Investigation
Title VII requires employers to prevent sexual harassment in the workplace. When the statute was initially passed in 1964, there was no guidance from the EEOC on how employers were supposed to accomplish this goal. There was no caselaw or national #metoo movement. In contrast, today, there are well-established examples of what constitutes inappropriate physical contact, speech and other interactions in a workplace. While not all poor behavior can be avoided, employers can no longer hide behind a claim that “I did not realize the extent to which the lines had been redrawn” as recently proclaimed by Governor Cuomo. Employers must be knowledgeable about this law and proactively implement policies and protocols to prevent harassment from occurring in their workplace.
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EEOC Sees Increase in Sexual Harassment Claims
On October 4, 2018, the Equal Employment Opportunity Commission (“EEOC”) released preliminary data on sexual harassment claims for FY 2018, which ended on September 30, 2018. The document, entitled “What You Should Know: EEOC Leads the Way in Preventing Workplace Harassment” summarizes the enforcement and prevention actions taken by the EEOC in the almost two years since the agency released the report of its Select Task Force on the Study of Harassment in the Workplace in June 2016.
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Holder’s Advice to Uber: Focus on Tone at the Top, Trust, Transformation and Accountability
On June 13, 2017, Uber released to its employees excerpts of a damning independent investigation report authored by independent investigators Eric Holder and Tammy Albarran, attorneys with the law firm of Covington & Burling LLP. On February 19, 2017, former Uber engineer Susan Fowler published a blog post detailing allegations of harassment, discrimination and retaliation at the company during her tenure. She also decried the ineffectiveness of Uber’s policies and procedures in addressing such workplace issues. The very next day Uber hired Former Attorney General Holder and his law firm to conduct a review of the issues raised by Fowler as well as diversity and inclusion more broadly at Uber.
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EEOC Extends Public Input Period on Proposed Harassment Enforcement Guidance to March 21
On February 3, 2017, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it would extend the notice and comment period for its proposed enforcement guidelines on unlawful harassment under EEOC-enforced employment discrimination laws. The extension, which provides an additional forty (40) days for public input, gives in-house counsel and human resources professionals a good
If I Had Spoken Up, It Would Have Been a Suicide Mission for Me and My Career: The Choices Women Make
Words spoken yesterday morning by Fox News personality Megyn Kelly during an interview by George Stephanopoulos on Good Morning America. Kelly was asked about the lawsuit filed by her former Fox News colleague Gretchen Carlson against former CEO Roger Ailes and Kelly’s own experiences with Ailes
You’ve Come A Long Way Baby???? What Does Former Fox News Anchor Gretchen Carlson’s Lawsuit Tell Us About the State of Sexual Harassment in the Workplace?
Former Fox News Anchor and commentator Gretchen Carlson filed a sexual harassment suit against CEO Roger Ailes alleging that her contract was not renewed because she refused Ailes’ sexual advances. Carlson also alleged that the harassment she endured was severe and “very pervasive”, that Ailes repeatedly “injected sexual and/or sexist comments” into conversations and made
When Domestic Violence Enters the Workplace
Headlines about Ray Rice and the NFL remind us all that domestic violence does not stop at the door of an employee’s home. It is a serious crime and one that has lasting impacts on those affected by it. This post
NH Releases Employment Discrimination Data for 2013
The New Hampshire Commission for Human Rights has released data on discrimination charges filed by employees in 2013. Last year, the Commission received 222
discrimination charges against employers. This number was slightly down from the year before at 257. Retaliation across all categories topped the list at 93 claims. Following closly behind with 89
Prompt Remedial Action Shields Employer From Employee’s Harassment Claims But Not From Retaliation
Even when an employer takes prompt remedial action to defeat a sexual harassment claim, it may still be liable for retaliation. A NH employer was reminded of this recently in Rand v. Town of Exeter (11-CV-55-PB) (10/2/13).
Brenda Rand worked as a solid waste transfer operator for the Town’s Highway Department. Rand alleged that a