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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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This Week in FFCRA Complaints: Dismissals While Seeking Paid Leave

September 11, 2020
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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.

Employees Push Back at Tech Companies for Giving Parents too Much

September 11, 2020
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It might seem like vanilla stuff for some of the world’s almost capitalized companies in the world to provide extra support to employees during a global pandemic, but not so at companies like Facebook and Twitter, where a rift has formed between parents, non-parents and employers over the companies’ policy responses to daycare and school closures.

The Berke-Weiss Law Weekly Roundup: A nurse fights for safer workplaces

September 8, 2020
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There was some decent news this week in the employment outlook, depending on how you look at it. The positive is that roughly 1.37 million jobs were added this week and the unemployment rate dropped to 8.4 percent. The negative is that nearly 20 million Americans remain unemployed and of those 1.37 million jobs added over 230,000 hires are census workers, who will be out of a job shortly.

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