Sexual Harassment

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In Part 3 of our series, we’ll look at the standard of proof, the conduct of interviews, how each country aims to protect confidentiality and whistleblowers, and privacy. (Part 1 covers the definition of ‘workplace’ harassment, investigation scoping and legal privilege. Part 2 covers who forms part of an investigation team, how location affects which laws apply to an…

Continue Reading Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 3)

In Part 2 of our series, we’ll look at who forms part of an investigation team, how location affects which laws apply to an investigation, notification and timing requirements. (Part 1 covers the definition of ‘workplace’ harassment, investigation scoping and legal privilege).

#4 – Who should be part of the investigation team?

The composition of the investigation team can…

Continue Reading Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 2)

By: Leon Rodriguez and Matthew Parker

Seyfarth Synopsis: On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the Title IX context, as the court found, the “zone of interests” test…

Continue Reading In the Zone: Third Circuit Expands Title IX’s “Zone of Interests”

By Romtin Parvaresh and Daniel C. Whang

Seyfarth Synopsis:  In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act to limit the enforceability of arbitration…

Continue Reading Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault Or Sexual Harassment

By Matthew J. Gagnon

Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are just beginning to grasp the wide-ranging impact that decision will have on the American workplace. The reasoning of…

Continue Reading Key Developments In Equal Pay Litigation: Impact Of The Supreme Court’s Bostock Decision

By Fritz Smith and Becca Mitchell

Seyfarth Synopsis: In Roberts v. Glenn Indus. Grp., Inc., No. 3:17-CV-745-GCM, 2019 WL 356809, at *2 (W.D.N.C. Jan. 29, 2019), aff’d in part, vacated in part, remanded, No. 19-1215, 2021 WL 2021812 (4th Cir. May 21, 2021), the plaintiff employee filed a lawsuit against his former employer alleging same-sex sexual harassment and retaliation in …
Continue Reading Title VII: The Fourth Circuit Expands the Evidentiary Routes for Same-Sex Sexual Harassment Claims and Rejects Attempt to Impute Knowledge to the Decisionmaker for Retaliation Claims

By Bailey K. Bifoss and Andrew M. McNaught

Seyfarth Synopsis: Qualified immunity did not supply a Pennsylvania judge with a get out of jail free card, the Third Circuit concluded, holding that sexual harassment and retaliation in the workplace violate clearly established constitutional rights. However, the judge’s appeal was not a total wash, as the court refused to adopt …
Continue Reading Third Circuit Refuses to Grant Immunity to Pennsylvania Judge on Probation Officer’s Harassment Claims