Nondisclosure Agreements (NDAs) have recently come under fire within the #MeToo debate. Opponents of the NDA argue that its sole (and negative) purpose is to silence victims of sexual harassment and allow those accused to...more
Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more
10/22/2019
/ #MeToo ,
Adverse Employment Action ,
Complaint Procedures ,
Corporate Counsel ,
Educational Institutions ,
Employer Liability Issues ,
Employment Policies ,
Federal Rule 12(b)(6) ,
Hiring & Firing ,
Hostile Environment ,
Professional Misconduct ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Termination ,
Title IX ,
Witnesses ,
Workplace Investigations
As its session draws to a close, the New York State Legislature substantially revised the state’s anti-discrimination and anti-harassment laws this week, and Governor Andrew Cuomo has promised to sign the new measures...more
6/21/2019
/ #MeToo ,
Corporate Counsel ,
Corporate Culture ,
Employer Liability Issues ,
Faragher/Ellerth defense ,
Harassment ,
Hostile Environment ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Regulatory Requirements ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
As we have previously reported, New York State and New York City both enacted legislation in 2018 that require New York employers to train their employees in workplace sexual harassment prevention. ...more
4/11/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Hostile Environment ,
Local Ordinance ,
Regulatory Oversight ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law....more
8/27/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Executive Orders ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment
In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior...more
Both the New York State Legislature and the New York City Council recently adopted new legislation targeting sex discrimination and sexual harassment in the workplace. ...more
4/17/2018
/ Anti-Harassment Policies ,
Civil Rights Act ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
New Legislation ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Title VII
On August 22, 2017, the National Association of Independent Schools (NAIS) and the Association of Boarding Schools (TABS) released their first joint report on sexual misconduct in independent schools. The report can be found...more