By Kristina M. Launey, Scott P. Mallery, David Kim and Galen Sallomi
Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of which employment bills are before the Governor for consideration, including bills that impact non-compete agreements, FEHA protected categories, paid
Continue Reading Legislative Update: Nearing the End of the Road (for 2023)
By Ashley N. Ehman, Nicolas A. Lussier, Grayson Moronta, and Kimberly Altschul Straker
Please join us on Wednesday, Apr 18, 2023, for this webinar on Specific Employment Law Updates and Trends in New York and New Jersey. There will be discussion on the following recent trends and updates:
1. Audit trends with respect to the New York
Continue Reading HR FORUM: Specific Employment Law Updates and Trends in New York and New JerseyBy 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
By Leon Rodriguez and Emily J. Miller
Seyfarth Synopsis: Consistent with Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972, the U.S. Department of Health and Human Services (HHS) recently published recommendations for preventing and responding to sexual harassment for entities that receive federal financial assistance from HHS. In its “Effective Practices
Continue Reading HHS Issues “Effective Practices for Preventing Sexual Harassment”
By Christopher W. Kelleher, Emily J. Miller, and Erin Dougherty Foley
Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and affirmed summary judgment for defendants.
In Paskert v. Kemna-ASA Auto
Continue Reading Eighth Circuit Maintains High Bar for Hostile Work Environment Claims
By Thomas M. Horan and Erin Dougherty Foley
Seyfarth Synopsis: Effective January 1, 2020, the Illinois Workplace Transparency Act (WTA) amended the Illinois Human Rights Act (IHRA) to, among other items, require all employers in Illinois to provide annual sexual harassment prevention training to all employees, and further require additional, industry-specific sexual harassment prevention training for restaurants and bars. The
Continue Reading IDHR Releases Guidance on Workplace Transparency Act Compliance, Promises Model Training In February
By Liz Watson and Kristen Peters
Seyfarth Synopsis: It is important for companies to investigate internal sexual harassment complaints and take prompt, appropriate corrective action. This post provides a six-step roadmap of best practices for handling sexual harassment complaints.
Continue Reading You’ve Got An Internal Sexual Harassment Complaint: Now What?
By Anne R. Dana, Nila Merola, and Robert S. Whitman
Seyfarth Synopsis: In compliance with legislation passed earlier this year, New York State has released the final model sexual harassment policy and complaint form, the model training materials, and FAQs, which provide further guidance regarding the legislation. Two significant clarifications to the draft guidance issued several weeks
Continue Reading New York State Releases Final Anti-Sexual Harassment Materials
By Rashal G. Baz, Katherine Mendez, and Chelsea D. Mesa
Seyfarth Synopsis: Employers are now being presented with more options to outsource workplace complaints through third party companies and mobile apps. This may create an ease in grievance reporting for the employee, but does not necessarily shield employer liability.
Harassment in the workplace is not a novel
Continue Reading Click To Complain: Using Technology to Outsource Workplace Harassment Grievances