In what could be the next wave of legislation, New Jersey has amended the State’s Law Against Discrimination to bar enforcement of non-disclosure provisions in settlement agreements and employment contracts. For a complete discussion of the new law, effective March 18, 2019, please click here.
Federal Judge Reinstates Use of Revised EEO-1 Form, Effective Immediately
A U.S. District Court has immediately restored the prior directives of the Equal Employment Opportunity Commission and Office of Management and Budget requiring use of a revised EEO-1 form where employers with at least 100 employees have to report detailed information on their employees’ wages and hours, broken down by gender, race, and ethnicity. For
New York State Commissioner of Labor Testifies On Combatting Sexual Harassment in the Workplace
As if the current legal environment for employers and their insurance carriers was not sufficiently challenging, state legislatures are considering bills, inter alia, to expand the definition of a hostile work environment, to expand coverage of anti-discrimination and harassment laws to independent contractors, to increase penalties for harassment and to require that employers pay
Guidance Issued on New York City Mandatory Sexual Harassment Training
The New York City Commission on Human Rights has released Frequently Asked Questions (FAQs) as guidance on the “Stop Sexual Harassment in NYC Act.” New York City employers with at least 15 employees are required to conduct annual anti-sexual harassment training for all employees starting April 1, 2019. For complete details click here.
California Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts Vetoed
California’s Governor vetoed a bill that would have imposed restrictions on the use of arbitration agreements for certain employment claims. For a complete summary, see our firm’s blog post by clicking here.
New Sexual Harassment Law Taking Effect in Maryland
Effective October 1, 2018, a new Maryland law will prohibit waivers related to an employee’s future sexual harassment claims and future retaliation claims for making a sexual harassment claim. For a more complete analysis, please click here.
New York City: Today is the Day to Post and Distribute Fact Sheet on Sexual Harassment
Beginning September 6, 2018, all New York City employers must distribute and conspicuously post the New York City Commission on Human Rights fact sheet on the “Stop Sexual Harassment in NYC Act” to all new hires. For further detail, see our related article by clicking here, where you can find links to the fact
Epic Impact: Will the Federal Arbitration Act Preempt Prohibitions on Arbitration of Sexual Harassment Claims?
With the increased attention being paid to the #MeToo movement and the existence of federal law that provides capped remedies and permits mandatory arbitration of sexual harassment claims,, states and cities are enacting legislation to create greater legal rights for sexual harassment claimants For example, New York recently enacted legislation that, among other things, prohibits
Internal Investigation Report Prepared by Outside Counsel Entitled to Work Product Protection
In Lassiter v. Hidalgo Medical Services, No. 17-00850 (D. N.M. Apr. 18, 2018), a former employee sought to compel production of outside counsel’s reports and findings of an internal investigation into harassment claims. The discovery demand was denied, in this instance, because the Court found that the documents, which contained “factual summaries of the
Supreme Court Declines to Review Seventh Circuit Case Finding Extended Leave of Absence Is Not a Reasonable Accommodation
The United States Supreme Court declined to review a decision from the Seventh Circuit Court of Appeals that held a two-to-three month leave of absence following the exhaustion of leave under the Family and Medical Leave was not a reasonable accommodation under the Americans With Disabilities Act. Severson v. Heartland Woodcraft, Inc. For more information