Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically
Articles Discussing Sexual Harassment Under Title VII of the Civil Rights Act of 1964.
Fifth Circuit Permits Employee Allegedly Harassed by Patient to Proceed to Trial
A recent Fifth Circuit decision reminds healthcare employers that liability not only stems from potential harassment of employees by coworkers, but by patients as well. In Gardner v. CLC of Pascagoula, L.L.C. dba Plaza Community Living Center, 2018 U.S. App. LEXIS 17939 (5th Cir. June 29, 2018), the Fifth Circuit held that Kymberli Gardner, a former assisted living facility certified nursing assistant who was allegedly harassed by a patient, can proceed with her hostile work environment claim to trial. The Court reversed the district court’s grant of summary judgment in favor of the employer.
The Sexual Harassment Problem in the Food and Hospitality Industries
Imagine that your employee comes to you and tells you that a few days ago when she was helping a busboy change out the kegs in the basement, he groped her.
House Members Introduce Bipartisan Anti-Harassment Legislation
On July 17, 2018, a bipartisan group of House lawmakers—Reps. Lois Frankel (D-FL), Ted Poe (R-TX), Jerrold Nadler (D-NY), Barbara Comstock (R-VA), and Lisa Blunt Rochester (D-DE) —introduced legislation targeting workplace harassment. Senators Kamala Harris (D-CA) and Lisa Murkowski (R-AK) introduced a companion bill in the Senate last month. The Ending the Monopoly of Power Over Workplace harassment through Education and Reporting (EMPOWER) Act (H.R. 6406, S. 2994) would, among other obligations, ban nondisclosure and non-disparagement agreements related to harassment as a condition of employment or receipt of employment-related benefits, and would require certain public disclosures. This federal bill comes on the heels of several state-level proposals stemming from the #MeToo movement.
EEOC Fights to Keep #MeToo Movement Alive
The Equal Employment Opportunity Commission (EEOC) sometimes chooses to file a lawsuit against an employer, on an employee’s behalf, after investigation of a charge of discrimination. Typically, the EEOC chooses to litigate only a very small percentage of all charges filed. In this past June alone, however, the commission filed eight lawsuits alleging sexual harassment against employers, thus perpetuating the #MeToo movement.
#MeToo at Home and Abroad
The news that Harvey Weinstein was indicted on July 2 on additional criminal charges, one of which (predatory sexual assault) carries a maximum sentence of life in prison, makes clear that the #MeToo movement and its influence on the workplace and our culture will not abate any time soon.
Investigations in the #MeToo Environment: The Importance of Planning Before A Harassment Complaint
Jennifer Youpa, a shareholder in Littler’s Dallas office, and Kevin O’Neill, Senior Director of Littler’s Learning Group, discuss the importance of harassment complaint investigations in the #MeToo climate. As Jennifer and Kevin explain, investigatory responses can no longer be “one size fits all,” especially with the possibility of the viral disclosure of allegations or incidents through social media. In this podcast, Jennifer and Kevin reveal strategies and trends they have seen as they conduct training for employers on sexual harassment and related issues. They address the need for employers to plan various investigatory protocols well ahead of any complaints and how organizations can assess whether an external investigator may be beneficial.
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.
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.
Dear Littler: Can I Immediately Fire a VP Based on Sexual Harassment Allegations?
Dear Littler: I am a senior HR manager at a mid-sized company. One of our female team members just reported her manager, a vice president, for inappropriate conduct. She claims that what started out as mild flirtation on his part has progressed to outright sexual solicitation and unwelcome physical contact. Our company just can’t accept this kind of behavior. Can I go ahead and terminate him immediately?
Love Contracts and Policies on Office Romance: What Can an Employer Do if Love is in the Air?
February is often called the “month of love,” and for employers, it may be an appropriate time to consider how to address issues surrounding workplace romance. Regardless of whether employers approve, it is likely inevitable that, at some point, the love bug will bite at work. According to a 2017 survey by CareerBuilder, 41 percent of employees said they had dated a work colleague within the prior year. Another study, by the University of Chicago, revealed that nearly 22 percent of U.S. married couples met at work. But because not every office romance results in wedding bells or fairy tale endings, such relationships create the potential for workplace conflicts, allegations of sexual harassment or retaliation and even litigation. Employers have several options for addressing possible problems in order to avoid legal headaches.
Challenging Harassment in the Workplace: A Key Priority at the EEOC
While EEO compliance remains an important objective for the employer community, minimizing the risk of facing a harassment claim has become a top priority. The weekly, and sometimes daily, headlines of new harassment allegations are ample proof of this.
New Tax Law, and Other Potential Reforms, May Change How Harassment Claims Are Resolved
Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, discuss how the 2017 Tax Cuts and Jobs Act affects the terms of settlement agreements used for sexual harassment claims. They address how the new law alters business expense tax deductions related to such settlements. They also review several additional federal and state initiatives that would curtail the use of nondisclosure or arbitration agreements in the harassment context.