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
Articles Discussing General Topics In Workplace Sexual Harassment.
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.
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
Upcoming Changes to NIH Harassment and Hostile Work Environment Reporting Requirements
The National Institutes of Health (NIH) requires recipient institutions—i.e., any entity receiving funding from the NIH—to have policies that foster a harassment-free environment.
#MeToo and the Workplace: Five Years and a Pandemic Later
It feels like a lifetime has passed since the #MeToo movement gained significant traction in October 2017 and began reshaping the workplace. The movement helped sexual harassment victims speak out and be heard and resulted in a marked uptick in filed sexual harassment claims.
Predispute Employment Arbitration Agreements in Real Estate Industry After Enactment of New Limits
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 will have far-reaching implications for real estate employers that, like in many other industries, have relied on mandatory predispute arbitration agreements to resolve sexual harassment claims brought by employees.
Jury Trial Waivers May be an Option for Employers in the Wake of the Ending Arbitration of Sexual Assault and Sexual Harassment Act
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), amending the Federal Arbitration Act (FAA) to expressly prohibit mandatory pre-dispute arbitration agreements and pre-dispute joint-action waivers with regard to claims of sexual assault or sexual harassment. The Act applies to claims or disputes arising or accruing on or after March 3, 2022.
House Passes Bill Limiting Predispute Arbitration Agreements Covering Sexual Assault and Sexual Harassment
Passed by the U.S. House of Representatives on February 7, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) would amend the Federal Arbitration Act (FAA) to make predispute arbitration agreements covering claims of sexual assault or sexual harassment invalid and unenforceable.
$137 Million Verdict Illustrates Importance of Competent Anti-Harassment Policies
On October 4, 2021, a North California federal jury awarded a former Tesla subcontractor $137 million after finding that he had been subjected to a hostile work environment and that Tesla was responsible for the harm it caused.
New Sex Harassment Laws: Making for Strange Bedfellows in Construction Industry
In the construction industry, where multiple companies working closely together abound and where it is more difficult to monitor employee behavior because many employees are in the field, more incidents of inappropriate behavior occur.
The Aftermath of the Cuomo Investigation Report: Lessons for Employers
The New York attorney general’s August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation Into Allegations of Sexual Harassment by Governor Andrew M. Cuomo,” contains extraordinary detail to support the conclusion that Cuomo “sexually harassed a number of current
More About the Cuomo Investigation
Many of you have commented about my post last week on the investigation into Governor Cuomo’s workplace conduct.