Over the last two years, my law partners and I have given a number of presentations on the #MeToo movement. Inevitably, there is always a question about where the law stands on the due process rights of the accused. Generally speaking, Title VII does not give employees accused of sexual harassment any per se due …read more »
Five Workplace Policies That Trending Caselaw Suggests Employers Should Include In Their Employee Handbook
Most employers are aware of the traditional “must have” policies that should be included in every employee handbook. For example, all employers should have an equal employment opportunity and anti-harassment policy and, in most states, an at-will employment statement. Likewise, employers with fifty or more employees must have a written FMLA policy. There are, however, …read more »
Is Your Company Vulnerable to the New Wave of Sex Discrimination Class Actions?
As we have written about previously, the #MeToo movement is spurring changes in harassment and discrimination law. One of these changes appears to be a new wave of class action sex discrimination lawsuits that do not simply focus on one alleged discriminatory practice at a time – such as pay discrimination, or a hostile working …read more »
Is It Time to Review the Nondisclosure and Confidentiality Provisions in Your Agreements?
Employers typically resolve employment disputes with a release of all claims and a confidentiality clause that obligates the employee to keep the terms of the agreement – and sometimes the underlying allegations – confidential. Standard severance agreements also routinely contain confidentiality clauses. Until recently, the primary risk associated with such provisions has been the possibility …read more »
What Changes in Employment Laws Might We See Because of #MeToo?
The many #MeToo stories reported in the press have caused a flurry of discussion about potential changes to the legal landscape governing sexual assault and harassment. Below is a summary of proposed legislation and other potential changes to keep an eye on: Potential Legislation Barring Mandatory Arbitration of Sexual Harassment Claims. Bipartisan bills have been …read more »