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.
Continue Reading Five Takeaways for Private Employers Following the Cuomo Sexual Harassment Investigation

Megyn Kelly
Photo: Robert Deutsch, USA TODAY

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

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