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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What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

The Week in FFCRA Complaints

June 26, 2020
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Disability Discrimination
This is the second installment in our roundup of FFCRA complaints. As we noted in the first post, we will be keeping you up to date with all the cases and highlighting the ones that we think have special bearing on our practice, employment law in New York State, or are just particularly noteworthy.

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