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Category Archives: Harassment

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Start Spreadin’ the News: NYC’s “Cooperative Dialogue” Requirement for Accommodations is Effective Today

Posted in Americans with Disabilities Act, Civil Rights, Discrimination, General Labor and Employment News and Updates, Harassment, Labor Relations, New York Law, Pregnancy Discrimination, Reasonable Accommodation, Religious Discrimination, Workplace Policies
A spate of new state and local regulations is making it tougher to be an employer in the City That Never Sleeps.  As previously covered by HR Legalist, new requirements for sexual harassment policies went into effect across New York State on October 9, 2018, and burdensome new requirements for harassment-related training will go into… Continue Reading

New York State Harassment Training Deadline Extended to October 2019

Posted in General Labor and Employment News and Updates, Harassment, Labor Relations, New York Law, Sexual Harassment, Workplace Policies
As previously covered by HR Legalist, employers across New York State have until October 9, 2018,  to implement sexual harassment policies that meet specific minimum requirements defined in the law.  On Monday afternoon, the State of New York issued final guidance which granted employers a significant reprieve on the portion of the law governing mandatory… Continue Reading

Attention New York Employers: First Deadline for New Sexual Harassment Policy and Training Requirements is October 9th

Posted in Civil Rights, Discrimination, Harassment, New York Law, Sexual Harassment, State Law, Workplace Policies
In April 2018, Governor Cuomo signed the 2019 New York State budget, which includes sweeping new requirements for sexual harassment policies and training for private employers of all sizes.  The October 9th deadline for all New York State employers to create, publish and implement sexual harassment policies is fast approaching. Even more burdensome for employers… Continue Reading

#Metoo reaches the federal courts

Posted in Civil Rights, General Labor and Employment News and Updates, Harassment, Retaliation, Title VII of the Civil Rights Act, Workplace Investigations, Workplace Policies
On July 3, 2018 the United States Court of Appeals for the Third Circuit[1] ruled on the case of Minarsky v. Susquehanna County et al, 17-2646 (Jul. 3, 2018). The case clarifies and limits the scope of the Faragher-Ellerth affirmative defense in workplace harassment cases. Established by the Supreme Court in 1988, the Faragher-Ellerth defense … Continue Reading

Does My Business Need an Employee Handbook?

Posted in Harassment, Workplace Policies
While your business is not required to have an employee handbook, handbooks do offer many legal and non-legal benefits. A well-drafted and regularly updated employee handbook can provide employees and their supervisors with the “rules of the road.” A handbook with clear rules can help ensure that employees are treated fairly and consistently across different… Continue Reading

New Tax Act Bars Deductions for Settlements Related to Certain Sexual Harassment Claims

Posted in Harassment
The recently enacted Tax Cuts and Jobs Act (the Act) has been touted as the largest tax reform since 1986. Among its many provisions, the Act adds a new section to the Internal Revenue Code (Section 162(q)) targeting confidentiality agreements in sexual harassment cases. The new section is in response to a realization, in the… Continue Reading

Confidentiality and Sexual Harassment Claims – Will New Laws Limit Settlement Agreement Language?

Posted in General Labor and Employment News and Updates, Harassment
  In the recent wave of sexual harassment cases against public figures, it has come to light that women were paid large sums of money to keep their harassment allegations private, thus allowing their harassers to continue their inappropriate behavior.  Prominent recent examples of harassers protected by confidentiality clauses include Harvey Weinstein, Bill O’Reilly, and… Continue Reading

What #MeToo Means for Employers: Workplace Harassment in the Age of Awareness

Posted in Civil Rights, Discrimination, Equal Employment Opportunity Commission, Harassment, Retaliation, Social Media, Title VII of the Civil Rights Act, Workplace Investigations, Workplace Policies
This past Sunday, actress Alyssa Milano posted the following message on Twitter: Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ As a status, we might give people a sense of the magnitude of the problem.” Since Ms. Milano’s original tweet, the hashtag #MeToo… Continue Reading