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Sexual Assault Retaliation Sexual Harassment

Payne & Fears

August/September Case Summaries

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Summary: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies not just to sexual assault and sexual harassment claims, but to all claims asserted in the “case.”...more

Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

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Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Seward & Kissel LLP

Employment Litigation Roundup: July 2024

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Arbitration agreement deemed inapplicable where plaintiff plausibly alleged sexual harassment claim - The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ( “EFAA”) amended the Federal...more

U.S. Equal Employment Opportunity Commission...

Golden Entertainment, Inc. To Pay $100,000 To Settle EEOC Sexual Harassment Lawsuit

Casino Managers Failed to Act When Bartender Reported Sexual Assault and Sexually Explicit Comments by Fellow Bartender - BALTIMORE – Golden Entertainment, Inc., the former owner and operator of Rocky Gap Casino in...more

Ervin Cohen & Jessup LLP

When Does a “Dispute” Arise Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act?

In 2022, Congress enacted the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”) which provides that, at the election of the person alleging conduct constituting a sexual harassment dispute or...more

U.S. Equal Employment Opportunity Commission...

EEOC Encourages Victims of Sexual Harassment at Local Swami’s Restaurants to Come Forward

Employees Should Contact Federal Agency if They May Have Been Subjected to or Witnessed Harassment - SAN DIEGO – The U.S. Equal Employment Opportunity Commission (EEOC) encourages victims of or witnesses to sexual...more

Ervin Cohen & Jessup LLP

New California Law Protects Victims of Sexual Harassment, Discrimination or Assault From Claims of Defamation

The California Legislature recently passed Assembly Bill 933, a bill expanding privileged speech to expressly include communications regarding factual information pertaining to incidents of sexual assault, harassment or...more

Ankura

Behavioral Misconduct Investigations: Key Challenges and How To Minimize Reputational Impact

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Rarely a day goes by without at least one report of workplace misconduct hitting the headlines globally. In a post-#MeToo era, there is an ever-increasing focus from society on how organizations respond to and deal with...more

Proskauer - California Employment Law

Is Arbitration Becoming “Just Somebody That We Used to Know”? — The Beginning of the End of Arbitration

When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more

Bricker Graydon LLP

[Webinar] Annual Clery Training and Title IX Hot Topics - February 22nd, 1:00 pm - 4:00 pm EST

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Are you a Title IX team member who needs to make sure your annual Clery training requirements are fulfilled? This training is designed to cover the annually required topics listed in 34 C.F.R. 668.46(k)(2)(ii) through the...more

Smith Gambrell Russell

“Speak Out Act” is now Law; Pre-Dispute NDAs and Non-Disparagement Agreements Are No Longer Enforceable for Claims Involving...

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On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act, which was introduced by Senator Kirsten Gillibrand, passed with bipartisan support. The Act is the second law this year designed to address...more

Genova Burns LLC

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

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On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD)...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

Washington Update: Employee Confidentiality Limitations Further Narrowed

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Since 2018, Washington has prohibited employers from asking employees to sign agreements as a condition of employment that require the employee to keep confidential allegations of sexual assault or sexual harassment....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

Epstein Becker & Green

Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation – Employment Law This Week

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As featured in #WorkforceWednesday:  This week, we focus on new developments increasing whistleblower protections across the country and prohibiting mandatory arbitration of sexual assault and harassment claims....more

Fox Rothschild LLP

California Settlement Agreement Templates Will Need a Refresh for January 1, 2022

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Have you been re-using the same old settlement agreement template that was drafted many years ago? Well, if you are in California, it is time for another refresh before year end (effective January 1, 2022). The law...more

Weintraub Tobin

Employers Beware – Confidentiality and Non-Disparagement Provisions Face Further Restrictions

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In 2018, in response to the #MeToo movement, California enacted Senate Bill 820 which added section 1001 to the California Code of Civil Procedure and prohibited employers from including provisions into settlement agreements...more

U.S. Equal Employment Opportunity Commission...

Cincinnati-Area Group of Korean Restaurants to Pay $75,000 to Settle EEOC Sexual Harassment Suit

Owner Subjected Female Employee to Egregious Abuse, Including Sexual Assault, Forcing Her to Quit, Federal Agency Charged - LOUISVILLE, Ky. – A Cincinnati-area restaurant group will pay $75,000 to a former employee and...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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Second Circuit Finds Coverage Where Insurer Unreasonably Delayed In Seeking Rescission and Its Exclusions Did Not Apply WW Trading was sued and sought coverage from United States Liability Insurance Company (USLI) which...more

International Lawyers Network

Sexual Harassment In The Workplace: What US: Missouri Companies Need To Know

2019 Update - The #MeToo movement, which has grown international in scope, is a wide-ranging campaign to shed light on the occurrence of sexual assault and harassment, particularly in the workplace. The movement began in...more

U.S. Equal Employment Opportunity Commission...

Sys-con, LLC to Pay $70,000 to Settle Sexual Harassment Lawsuit

Female Employees Subjected to Sexual Harassment, Assault and Retaliation by Supervisor, Federal Agency Charged - BIRMINGHAM, Ala. - Sys-Con, LLC, a Sys-Con, LLC, a Montgomery, Ala.-based general contractor, will pay two...more

Hinshaw & Culbertson LLP

In Florida One-Event Sexual Advance at a Non-Work Sponsored Party Can Support Sexual Harassment and Retaliation Claims

Florida’s Fourth District Court of Appeal recently decided two questions of first impression under Florida law: (1) whether a one-event sexual advance at a private, non-work sponsored party may support sexual harassment and...more

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