In a significant win for the #MeToo movement, the U.S. Senate passed a bill on Thursday, February 10, 2021, which ensures that employees who are sexually harassed or assaulted in the workplace can pursue their claims in court. The bill invalidates pre-dispute agreements that require individuals to arbitrate claims related to sexual harassment or sexual
Why Do We Need to Talk About Bystander Training?
Many companies train employees on sexual harassment, but studies have shown that much of this training is ineffective and does not empower companies and employees to prevent harassment.
The Equal Employment Opportunity Commission’s Select Task Force on the Study of Harassment in the Workplace issued a report in 2016 finding that some sexual harassment training even caused men to be more likely to blame both the harasser and the victim involved in a sexual harassment scenario. The EEOC’s study goes on to say that training often focused too much on legal standards and simply avoiding legal liability.
Continue Reading Bystander Training: The Best Defense Against Sexual Harassment
On June 15, 2020, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 (“Title VII”) – which bans employment discrimination on the basis of race, color, religion, national origin, and sex – prohibits discrimination based on sexual orientation and transgender status. This decision marks a pivotal change from prior decisions of federal appellate and district courts which held that Title VII only banned discrimination based on the biological distinctions between persons born as male and female. It also obviates the need for the types of bills that have been submitted to Congress annually to expand the language of Title VII to include references to sexual orientation, gender stereotyping, and gender identity.
Continue Reading U.S. Supreme Court Rules That Federal Anti-Discrimination Law Protects Gay And Transgender Workers
Continue Reading EEOC Authorizes Testing of Employees for COVID-19
Day-to-day life has been dramatically impacted by the coronavirus disease 2019 (COVID-19), and many businesses have been forced to close or limit their service to slow the spread of COVID-19. In response, Congress has passed several pieces of legislation to assist individuals and businesses affected by the virus.
The United States Supreme Court ruled today that contracts requiring individualized arbitration of employment-related disputes are enforceable and do not violate Section 7 of the National Labor Relations Act (NLRA).
Background
Some employers require their employees to enter into agreements binding the parties to arbitrate employment-related disputes. In recent years, many of those employers have drafted their mandatory arbitration agreements to prohibit employees from pursuing class or collective actions, which can be costly and eliminate the informality and speed of arbitration. For example, the plaintiffs in the three cases decided by the Supreme Court today agreed not to pursue unpaid overtime claims under the Fair Labor Standards Act (FLSA) on behalf of other employees in class or collective actions.
Continue Reading Supreme Court Validates Employer’s Right to Require Class and Collective Action Waivers in Employment-Related Arbitration Agreements
Hours before a controversial set of new reporting requirements for government contractors was set to take effect, a federal court in Texas enjoined implementation of the requirements across the country.
Continue Reading New Government Contractor “Blacklisting” Reporting Requirements Put on Hold
Finding new customers and growing sales and market share are the Holy Grail. One way to achieve these objectives is to hire talented sales professionals or managers from competitors. These individuals already know the market and have relationships with potential new customers.
Continue Reading Navigating Non-Compete and Other Key Talent Issues: A Primer for Employers