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Employment Discrimination Settlement Agreements

Dechert LLP

The Employment Edit – Issue 9 – July 2024

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New Labour Government’s proposed changes to employment law in the UK - Following the general election, with the Labour Party now in power, significant changes to employment law are expected. The Government’s first step has...more

Fisher Phillips

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

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Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

Proskauer - Law and the Workplace

New Jersey Supreme Court Rules Nondisparagement Clauses in Settlement Agreements May Violate the NJ Law Against Discrimination

On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more

Lowenstein Sandler LLP

New Jersey Supreme Court Unanimously Holds Non-Disparagement Agreements Cannot be Used to Circumvent the New Jersey Law Against...

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On May 7, 2024, the New Jersey Supreme Court (the Court) unanimously held that non-disparagement clauses with the purpose or effect of concealing the details of discrimination, retaliation, or harassment cannot be included in...more

Fox Rothschild LLP

Nondisparagement Clauses May Run Afoul of New Jersey Law Against Discrimination

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In a significant opinion affecting employers, the New Jersey Supreme Court has placed strict limits on the scope of “nondisparagement” clauses in settlement agreements that impact the ability of victims of harassment,...more

Kramer Levin Naftalis & Frankel LLP

New York State Requires Employers To Modify Provisions in Separation and Settlement Agreements

On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen...more

Seyfarth Shaw LLP

Navigating New York’s Revised Legal Framework for Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed into law S4516, a significant amendment to Section 5-336 of the New York General Obligations Law. This legislation marks a critical expansion in the state's ongoing...more

Kelley Drye & Warren LLP

Attention New York Employers: New Prohibitions for Settlement Agreements Resolving Discrimination Claims

Effective November 17, 2023, Governor Hochul signed a new law impacting settlement agreements resolving claims of harassment, discrimination and retaliation. The new law, S4516 amends Section 5-336 of the New York General...more

Jones Day

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

Foley & Lardner LLP

Department of Justice and Apple Reach $25 Million Landmark Agreement

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On November 9, 2023, the U.S. Department of Justice (DOJ) announced that it secured a landmark $25 million agreement with Apple, Inc. (“Apple”) to resolve allegations of discriminatory hiring and recruitment processes...more

Jackson Lewis P.C.

2023 New York State Legislature Concludes with Flurry of Activity Pertinent to New York Employers

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The 2023 New York State Legislature recently concluded its legislative session (after being called back for two weeks to consider certain pieces of legislation). The session ended with a flurry of activity relevant to...more

Genova Burns LLC

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

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On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

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Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more

Verrill

Nondisclosure Provisions in Maine: Are Your Agreements Compliant?

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In late 2022, a new Maine law took effect restricting the use and reach of nondisclosure provisions in Maine employment agreements. The new law, Nondisclosure Agreements in Employment, 26 M.R.S. § 599-C, is one of the most...more

Walkers

Bathgate v Technip: Waiving Future Statutory Employment Claims in the Channel Islands

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The Employment Appeal Tribunal (“EAT”) in the UK has held that unknown future statutory claims cannot be compromised by a settlement agreement. In the same case, the EAT also addressed a second jurisdictional issue in respect...more

King & Spalding

Employment Settlement Agreements – how to avoid the common pitfalls

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Settlement agreements are a pragmatic and effective tool in resolving workplace disputes. The employee benefits from financial support and a dignified exit, and the employer achieves a clean break. However, when used...more

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

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Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit...more

Miller Nash LLP

Oregon Limits Settlement Agreement Terms Where Discrimination Alleged

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Like Washington, Oregon now prohibits what used to be common terms in many employment dispute settlements. In particular, under a relatively new amendment to Oregon law, employers cannot insist that a nondisclosure,...more

FordHarrison

Washington State's New Law on NDAs and Settlement Agreements

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On March 24, 2022, Washington State Governor Jay Inslee signed into law the “Silenced No More Act,” which becomes effective June 9, 2022 (“Effective Date”). The Act prohibits agreements containing non-disclosure and...more

Fisher Phillips

“Do Speak!” No Doubt that Washington Employers Must Rethink Nondisclosure Agreements Given Sweeping New Law

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Washington employers are already prohibited from using employment agreements that restrict workers from disclosing claims of workplace sexual assault and sexual harassment – but will soon be unable to use nondisclosure...more

Davis Wright Tremaine LLP

Oregon Amends the Workplace Fairness Act to Further Restrict Agreements Resolving Discrimination Claims

On March 24, 2022, Oregon Governor Kate Brown signed into law Senate Bill 1586, which amends Oregon's Workplace Fairness Act to further restrict what an employer may request in a settlement or separation agreement with an...more

Epstein Becker & Green

New York Enacts New Laws to Bolster Harassment and Discrimination Protections, with Additional Proposed Laws Passing the Senate

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Employers in New York State should be aware of recent new laws as well as some pending bills, all of which seek to bolster harassment and discrimination protections for employees. As detailed below, New York Governor Kathy...more

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

Oregon Amends Workplace Fairness Act to Limit Confidentiality in Settlement of Discrimination and Harassment Claims

In 2019, Oregon Governor Kate Brown signed the Workplace Fairness Act (OWFA), which took full effect as of October 1, 2020. Among other things, the law prohibits employers from requiring employees to enter into agreements...more

Hinshaw & Culbertson - Employment Law...

The 12 days of California Labor & Employment Series – Day 5: Harassment and Discrimination Allegations - No More Shush

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fifth day of the holidays, my labor and employment...more

Sheppard Mullin Richter & Hampton LLP

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

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