December 10, 2019

Whether or Not Your Employer Provides Training on Workplace Sexual Harassment, It's Still Illegal

As new laws go into effect in a number of states, requiring mandatory workplace sexual harassment training, many companies are utilizing video or interactive training developed and produced by law firms, labor departments or human resources companies. However, regardless of whether or not your company currently offers sexual harassment training or clearly posts its policies, state and federal guidelines, or provides clear and confidential mechanisms for handling harassment, sexual harassment in the workplace is always illegal.

While legislators and policy makers in states such as New York and California have responded to recent revelations about workplace harassment and the pressures of #MeToo to develop new guidelines and policies regarding workplace sexual harassment, which include mandatory harassment policies and training, there is evidence to suggest sexual harassment training does little to curb workplace harassment. Legal scholars and researchers have argued in recent years that mandatory training simply provides cover for employers while failing to address the larger, systemic roots that cultivate a culture of workplace harassment. This makes it ever more important to emphasize that sexual harassment is illegal no matter what policies are in place at your work to prevent sexual harassment.

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Helping Parents During the Pandemic

September 23, 2020
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Parents’ predicaments has been a theme we’ve returned to again and again here at the Berke-Weiss Law Blog since the start of March, though our concern over working parents’, and especially mothers’, rights reaches back much longer than six months.

DOL Revises FFCRA after Southern District Invalidates Four Sections

September 18, 2020
Paid Family Leave
The Department of Labor revisions to FFCRA, which went into effect on September 16, 2020, have been widely anticipated and it is hoped that they will reduce some of the issues surrounding paid leave and employees qualification for taking protected leaves.

This Week in FFCRA Complaints: Dismissals While Seeking Paid Leave

September 11, 2020
Leave
Disability Discrimination
It appears employers continue to terminate workers who are supposed to be protected under the FFCRA. This week, we’ve highlighted several cases where employees were waiting for test results or already diagnosed with Covid-19 and subsequently fired when seeking paid leave.

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