Topic: sexual harassment

New York State Passes New Legislation In Response To #MeToo Movement

New York State, and New York City, stepped up this legislative season and passed several new laws in response to #MeToo, aimed at ferreting out and preventing workplace harassment. Here is what employers should know: “Mandatory arbitration clauses” are now prohibited for sex harassment claims in New York.  These provisions require employees to take their…

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March is Women’s History Month: A Look at 3 Laws Protecting the Rights of Women in the Workplace

According to the U.S. Department of Labor, nearly half of U.S. workers are women. Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in all aspects of employment, was enacted over 50 years ago, but women still face challenges in the workplace. As March is Women’s History Month, now is a…

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Another Form of Workplace Harassment

Harassment is a form of workplace discrimination.   The most well-known is sexual harassment, which can consist of unwelcome sexual advances or requests for sexual favors, but also includes conduct of a sexual nature which interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment.  Sexual harassment is prohibited in discrimination…

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Takeaways For Employers From The Uber, Fox News and Trump Sexual Harassment Scandals

Last week, Uber announced the firing of at least 20 employees, resulting from an investigation of 215 harassment complaints at the company. Then, on June 13, its chief executive, Travis Kalanick, announced he would be taking a leave of absence.  Not long ago, Fox News fired its now-deceased CEO, Roger Ailes, after he and other…

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Supervisor’s Personal Liability for Harassment

A recent case filed in the Waterbury superior court, Denault v. Community Mental Health Affiliates, et al, alleging an unfortunately familiar pattern of sexual harassment in violation of the Connecticut Fair Employment Practices Act, named both the company and the harassing supervisor as defendants, and alleged that the individual supervisor had personal liability for his…

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Don’t Be A Cat’s-Paw

Most sexual harassment policies include a procedure to investigate complaints, often specifying that the investigation will be timely and thorough, and may include interviews with the employees involved, witnesses, and anyone else with relevant knowledge. A recent decision from the U. S. Court of Appeals for the Second Circuit, whose decisions govern the Connecticut federal…

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Testing the Boundaries of the Faragher/Ellerth Defense in Sexual Harassment Cases

In 1998, the U.S. Supreme Court created a defense for employers accused of permitting a supervisor to engage in unlawful sexual harassment of an employee.  In two seminal cases, the Court held that an employer is not vicariously liable for a supervisor’s workplace harassment of a subordinate if the employer can show: (1) that it…

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