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Initiated by the social media activity of sexual assault survivor and activist Tarana Burke, the #MeToo movement began nearly 20 years ago in 2006 and gained increased prominence in the late 2010s with sexual assault allegations—and ultimately convictions—against media mogul Harvey Weinstein. The movement has gained particular traction in the world of big media, from […]
Courts have long favored arbitration as a method of dispute resolution under the Federal Arbitration Act (FAA). In 2018, the U.S. Supreme Court reinforced the policy favoring arbitration agreements in Epic Systems Corp. v. Lewis. The Court ruled that the FAA requires enforcement of arbitration agreements that fall within its scope, including agreements in which […]
An employer that had a sexual harassment policy but that failed to train its employees on the policy—and failed to insist that managers who received complaints forward them to the HR department—will face a jury trial in an Ohio federal court.
Congress recently passed HR 4445, the Ending of Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which prohibits the enforcement of mandatory arbitration or joint class action waivers in cases of alleged sexual assault or sexual harassment. Upon President Biden’s signature on March 3, 2022, the law took effect immediately. The legislation […]
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which Congress passed on February 10, 2022, lets individuals choose whether to arbitrate or take their sexual assault or sexual harassment claims to court.
Ahh, the luxury of flying. Getting to sit incredibly close to strangers, being cut off from your e-mail, and having a delicious choice of broken cookies or bland pretzels to snack on. What’s not to love? Well, now you can add sexual predators to that charming list of in-flight hazards.
It seems that you can’t open a paper or watch a newscast without encountering another sexual harassment bombshell. Despite the broad coverage, however, there’s still confusion about the difference between sexual harassment, sexual assault, and sexual battery.
by Hannah Roskey Off-duty misconduct could lead to an employee’s dismissal. But a recent court decision in Ontario suggests that the circumstances where that will amount to just cause for termination are quite limited. The court found that an employee who had been fired after being criminally charged with sexual assault was wrongfully dismissed. The […]
DOL’s recently released Questions and Answers: The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking, offers examples of employment discrimination and retaliation that may be overlooked. What are some examples of employment decisions that may violate Title VII and involve applicants or […]
by Edward Sisson As an employer, you know that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, sex, religion, or national origin. You also know that the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. What you may not know is that those federal […]