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  • Blog Title: Employment Litigation

    Second Circuit finds Title VII protects against Sexual Orientation Discrimination

    Last week, the Second Circuit held that Title VII, which protects against discrimination in the workplace on the basis of sex, includes discrimination on the basis of sexual orientation. Notably, the Second Circuit is only the second court in the country to do so. While Title VII forbids discrimination in the workplace based on “race, […]

    Supreme Court Declines to Expand Whistleblower Protection

    On February 21, the Supreme Court ruled that the Dodd-Franks Act’s anti-retaliation provision only applies to individuals who have reported a violation to the Securities and Exchange Commission (“SEC”). The court found that the Dodd-Frank Act does not protect employees who make internal complaints of corporate wrongdoing. In 2010, Congress enacted the Dodd-Frank Act in […]

    Northwestern University Professor Requests Leave of Absence After Ten Women Sign Open Letter Accusing Him of Sexual Harassment, Abusive Behavior, and Bullying

    A professor at Northwestern’s Medill School of Journalism, Alec Klein, is taking a leave of absence after eight former students and two former employees issued a public letter accusing him of sexual harassment, abusive behavior, and bullying. The letter outlines twelve instances of sexual misconduct by Klein including: allegedly making sexually graphic remarks, attempting to […]

    Getting Ahead of the EEOC’s New Sexual Harassment Guidelines

    The Equal Employment Opportunity Commission (“EEOC”) recently announced that it would be updating its guidelines on workplace sexual harassment for the first time since the 1990s. The announcement comes on the heels of the “Me Too” movement and at a time when sexual harassment is squarely in the public spotlight. Within the past few years, […]

    Is Your Sexual Harassment Training Working?

    The majority of companies today provide some form of sexual harassment training for their employees. This training is intended to help eliminate, or at least reduce, workplace sexual harassment by educating employees on what constitutes sexual harassment and how it can be prevented. However, studies have shown that sexual harassment training is actually not as […]

    Understanding Employer Liability for Workplace Sexual Harassment

    The topic of sexual harassment has become a hot button issue largely due to the recent rise of the “Me Too” movement which took off after allegations of sexual harassment were made against a number of prominent public figures. The Me Too movement has helped to expose the perceived prevalence of sexual harassment and assault, […]

    New York State Paid Family Leave and Minimum Wage Updates for 2018

    New York Paid Family Leave As of January 1, 2018, New York private employers must offer Paid Family Leave to their employees. The Paid Family Leave Act allows workers to take paid leave in order to: care for a new child, provide care for a family member with a serious health condition, or when a family […]

    Restaurant Chain Settles Transgender Employee’s Claim of Sexual Harassment and Retaliation

    Last month, Bojangles’ Restaurants Inc., settled a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) on behalf of a transgender employee. Jonathan (De’Ashia) Wolfe, a transgender woman, worked at Bojangles’ restaurant in Fayetteville, North Carolina. Bojangles’ is a fast food restaurant chain with many locations throughout the United States. […]

    The Supreme Court Hears Arguments on Collective Proceeding Waivers in Employment Arbitration Agreements

    In its first argument of the new term, the U.S. Supreme Court considered whether collective proceeding waivers in employment arbitration agreements may be enforced. The Federal Arbitration Act (“FAA”) allows employers to include arbitration agreements that require workers to bring legal claims to arbitration, rather than to court. Collective proceeding waivers are becoming a common […]

    What HR Departments Can Learn from the Weinstein Company?

    As the dust continues to settle on the Harvey Weinstein sexual harassment allegations, the future for both Weinstein and the company that bears his name is far from certain. Since the New York Times published an article detailing shocking allegations against Weinstein of a history of sexual harassment, the former movie producer has since checked […]