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Sexual Harassment

Sexual harassment claims continue to grab headlines at a pace and intensity like never before. No company is immune from potential exposure. All employers—regardless of industry, size or geography—must be prepared to address claims of harassment in an effective and meaningful way, as the “speak out evolution” continues to reshape the workplace as we know it.

Overview

The U.S. Supreme Court first recognized workplace sexual harassment as a form of unlawful sex discrimination in Meritor Savings Bank v. Vinson in 1986. In the more than 30 years after that landmark decision, the law prohibiting sexual harassment has not changed drastically—nor has the underlying conduct that constitutes sex harassment. What has changed dramatically is the number of those who speak out and the attention they are able to draw.

With today’s heightened awareness and focus on workplace harassment, employers must evaluate their practices to ensure they are consistently maintaining and implementing preventive and remedial measures, including examining their training strategies and ensuring they are providing regular education to supervisors and employees. They must also audit their internal investigation protocol to ensure it is prompt, impartial, and thorough so that both the employees, and the company, are protected.

Jackson Lewis attorneys have focused on the importance of prevention since our firm was founded in 1958, and have advised thousands of employers on anti-harassment principles, as well as effective investigative techniques, in the unfortunate event a claim is raised. We encourage you to contact us with any questions about the potential impact of sexual harassment claims on your workplace.

 

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Mandatory Sexual Harassment Training in the #MeToo Era: Will Your State Require It?

March 6, 2019 - 1:00 PM to 2:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Best Practices for Nonprofits in the #MeToo Era: Investigations and Policies

November 8, 2018 - 1:00 PM to 2:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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Understanding California's New Mandatory Sexual Harassment Training Requirements and Other Anti-Harassment Provisions

October 17, 2018 - 1:00 PM to 2:00 PM PST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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February 21, 2019

Illinois Bill Introduced to Require Sexual Harassment Training for All Restaurant Employees

February 21, 2019

Illinois has joined the growing number of states proposing mandatory sexual harassment training with a bill that requires training for restaurant employees. If the Restaurant Anti-Harassment Act is enacted, restaurants must provide sexual harassment prevention training to all employees in Illinois. In the wake of the #MeToo movement... Read More

February 14, 2019

Rumors and Gossip in Workplace Can Create Employer Liability for Harassment, Fourth Circuit Holds

February 14, 2019

Employers may be liable under Title VII of the Civil Rights Act for failing to effectively address and stop gossip and rumors of an alleged sexual relationship between a female employee and a male supervisor, the federal appeals court in Richmond has held. Parker v. Reema Consulting Servs., No. 18-1206 (4th Cir. Feb. 8, 2019). This is... Read More

February 4, 2019

Amendment to New Jersey Anti-Discrimination Law Poses Challenges to Using Non-Disclosure and Jury Trial Waiver Provisions

February 4, 2019

An amendment to the New Jersey Law Against Discrimination (LAD) to prohibit enforcement of non-disclosure provisions in certain agreements, including employment contracts and settlement agreements, has been passed by the New Jersey Legislature. The amendment could also potentially impact use of jury trial waivers, given the LAD’s jury... Read More

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February 23, 2019
New York Post

Richard Greenberg Comments on Implications of New Sexual Harassment Standards Aimed at NYC Businesses

February 23, 2019

Richard Greenberg comments on implications of the new sexual harassment guidelines and training for New York City business owners in "NYC business owners ‘shocked’ by baffling new sex harassment rules," published by the New York Post.  Subscription may be required to view article Read More

February 15, 2019
Bloomberg Law

Michelle Phillips Discusses Implications of Joint Employer Liability and Sexual Harassment and Discrimination Complaints

February 15, 2019

Michelle Phillips discusses the implications of employers contracting with staffing agencies or using contract workers on-site, investigating and resolving sexual harassment and discrimination complaints in "Avoiding Joint Bias Liability Requires More Than Just Contracts," published by Bloomberg Law.  Subscription... Read More

January 11, 2019
Indiana Lawyer

Susan Zoeller Comments on the Proposed Indiana House Rules to Govern Sexual Harassment by Lawmakers

January 11, 2019

Susan Zoeller comments on a proposed amendment to the Indiana House Code of Ethics prohibiting sexual harassment by lawmakers and sexual relationships between lawmakers and their interns in "House Ethics Committee hears sex harassment policy," published by the Indiana Lawyer.  Subscription may be required to view... Read More

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Jan 22

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Sexual Harassment Policies and Employee Handbooks in the Time of #MeToo

Yvonne Norris Maddalena discusses sexual harassment policy tips for employee handbooks in the time of #MeToo.

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Sep 25

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Best Practices for Conducting Internal Investigations

Tanya Bovée and David Jimenez discuss best practices for conducting effective internal investigations.  

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