On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer liability under federal antidiscrimination laws for the first time in more than two decades.
Articles Discussing Sexual Harassment Under Title VII of the Civil Rights Act of 1964.
Employers May Now Be Limited from Presenting Certain Evidence of Employee Misconduct As Character Evidence In Harassment Cases
In 2008, Eunices Argueta (Argueta) was hired by a freight operations company in El Segundo, California, eventually acquired by Worldwide Flight Services, Inc. In late 2016 and early 2017, several (5) of
EEOC Issues Proposed Enforcement Guidance on Harassment in the Workplace
Proposed EEOC Guidance Highlights Harassment Based on Sexual Orientation and Gender Identity
The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed guidance seeking to clarify that harassment and discrimination based on LGBTQ+ status—including intentional misgendering, repeated use of incorrect pronouns, or denial of access to the bathroom consistent with one’s gender identity—are cognizable federal workplace harassment claims.
The post Proposed EEOC
EEOC’s Proposed Guidance on Harassment in the Workplace
The Equal Employment Opportunity Commission (EEOC) released its revised “Proposed Enforcement Guidance on Harassment in the Workplace” on Sept. 29, 2023. If issued in final, the guidance would be the EEOC’s first update on harassment since its “Enforcement Guidance on Vicarious Liability for Unlawful Harassment by Supervisors” in 1999. A 2017 proposed guidance on workplace harassment stalled under the Trump Administration.
EEOC’s Updated Harassment Guidance Addresses Emerging Workplace Issues
If passed, represents the first update to harassment enforcement in nearly 25 years.
Unwanted World Cup Kiss—Incident Involving Spain Soccer President Highlights Workplace Harassment Risks
Luis Rubiales resigned as the president of the Spanish soccer federation (RFEF) amid controversy over his kissing a women’s national team player without her consent following the team’s 2023 FIFA Women’s World Cup win. The situation has sent shockwaves across the sports world and may serve as a reminder for
Vanderpump Rules Drama Offers Employers a Lesson in Office Dating No-Nos
Vanderpump Rules chronicles the life and times of the extremely attractive employees at former Real Housewife Lisa Vanderpump’s highly successful restaurants throughout greater Los Angeles. Bravo fans were shocked when reports recently surfaced that the mustachioed Tom Sandoval, co-owner of TomTom, was cheating (gasp!) on his longtime girlfriend, SUR
Conduct of an Amsterdam University Lecturer: Creative or Transgressive?
Since the rise of #metoo, transgressive behaviour1 in the workplace has been a hot topic involving a wide spectrum of industries – from sports clubs to politics and from television to education.
Risky Business: Addressing the Legal Risks of Workplace Romance
Valentine’s Day is an appropriate time to think about how to deal effectively with workplace romance. In today’s legal environment, romantic relationships in the workplace are potentially problematic, not only for the parties involved in a relationship, but also for coworkers and the company at large.
Dear Littler: How should employers revise their releases, separation agreements, and settlement agreements in light of the Speak Out Act?
Dear Littler: Considering the recent passage of the federal Speak Out Act limiting the use of pre-dispute nondisclosure and non-disparagement clauses involving sexual assault and sexual harassment claims, what impact will this have on our template releases, separation agreements, and litigation settlement agreements? How do you recommend we revise
Biden Signs Speak Out Act, Barring Predispute NDAs, Nondisparagement Clauses for Sexual Assault, Harassment Claims
“I just signed the Speak Out Act, a bill that’ll enable survivors to speak out about workplace assault and harassment and increase access to justice,” President Joe Biden wrote on Twitter on December 7, 2022.
Congress Passes Bill Limiting the Use of Nondisclosure and Non-disparagement Clauses for Employees Alleging Sexual Assault or Harassment
Earlier this year, President Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” into law. The new law limits the enforcement of arbitration agreements with respect to sexual assault and sexual harassment cases if such agreements were entered into before the sexual assault/harassment dispute arose.
Nondisclosure and Nondisparagement Agreements in Sexual Harassment and Assault Cases: Speak Out Act Heads to President’s Desk
On November 16, 2022, the U.S. Congress passed a bill that would limit enforceability of nondisclosure and nondisparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual harassment and sexual assault allegations. The bill, S. 4524, or the “Speak Out Act,” passed the U.S. House of Representatives
Recent Scandals Highlight Issues for Employers in Navigating Workplace Romances
A professional sports team head coach recently found himself in hot water over a romantic relationship with another employee of the franchise. The team’s management suspended him for an entire season for purported violations of workplace policies. What allegedly started as a consensual relationship escalated into the employee claiming that