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Analyzing the EEOC's Response to the #MeToo Movement

Since the #MeToo movement began in fall 2017, many have wondered how it will affect both the volume and direction of sexual misconduct litigation around the country. It seems that the U.S. Equal Employment Opportunity Commission (EEOC) is trying to determine the same — indicated both through the commission's recent statements analyzing its own workload and by the reconvening of the Obama-era Select Task Force on the Study of Harassment in the Workplace.

Effective Sexual Harassment Training in the #MeToo Era

Yesterday’s anti-harassment training won’t cut it in the #MeToo era. Employers must take stock of steps they have taken to prevent and stop sexual harassment in the workplace, and identify how they will answer the clear call for truly effective anti-harassment training.

Sexual Harassment Prevention: Planning for a Post-#MeToo Workplace

The #MeToo and #TimesUp movements are going strong.

What Are You Going To Do To The Little Boy Who Cries Wolf? Or Are All These Allegations Getting Out Of Hand? Employers Must Watch Out For Retaliation Claims

In the wake of the Harvey Weinstein revelations and the numerous claims of alleged sexual harassment against big name celebrities and public officials, employers are re-examining their sexual harassment policies. As the number of sexual harassment allegations have increased in almost every business sector, more and more women have felt empowered to come forward. This tests employers’ ability to timely investigate the claims and determine what, if any, appropriate corrective action is warranted against the alleged harasser. It also tests the employers’ ability to respond to claims that lack merit. However, another challenge is what happens when the dust settles and the victim or non-victim is a still a current employee?

House Bill Introduced to Address Sexual Assault and Harassment in the Transportation Industry

Executive Summary: A proposed new law called “Stop Sexual Assault and Harassment in Transportation Act” takes aim at sexual assault and harassment in the airline industry.

From Settlement Disclosures to Retaliation: A Summary of Sexual Harassment Legislation in 2018

After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. While the federal government has focused on settlement and arbitration agreements, state governments have attempted a variety of techniques to address sexual harassment. States are considering legislation ranging from additional sexual harassment training, to protecting employees from retaliation when they are the victims of sexual harassment. This article discusses the new laws that seek to combat sexual harassment, as well as those legislative efforts that remain pending.

Survey Says: Employers Have Heightened Concern With Sexual Harassment in 2018

Sexual harassment policies and training will remain a concern to many employers in 2018, according to a recent XpertHR survey. The survey revealed that employers plan to tackle the issue in a variety of ways, including:

The Rise of Love Contracts: Workplace Relationships in a Post #MeToo Era

Steve Loewengart authored the article “The Rise of Love Contracts: Workplace Relationships in a Post #MeToo Era” featured in Ohio Matters Magazine. In a post #MeToo era it has become necessary for employers to establish and promote clear policies on office romances.

Faragher/Ellerth Defense Not Enough To Save Connecticut Hospital

The Court of Appeals for the Second Circuit recently upheld a $125,000 award against the University of Connecticut Health Center (UCHC), holding the Center responsible for an employee’s sexual harassment of a coworker.

Harassment by Emojis: Leaving Employers at a Loss for Words

As many employers are attempting to navigate the #MeToo movement and cultural changes surrounding sexual harassment claims, they now face another legal issue on the harassment horizon: how to address harassment allegations involving wordless communications—namely, emojis. Workplace harassment claims regarding emojis are increasing at a significant rate and leaving employers scratching their heads.