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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With Michael Bloomberg in the Race, It's Time We Talk About NDAs (again)

February 25, 2020
Pregnancy Discrimination
Sexual Harassment
In 2018, Governor Cuomo signed a law that banned many NDAs and mandatory arbitration for complaints, but some activists and policymakers argued that the state had focused too narrowly on sexual harassment, and the 2019 laws expanded the 2018 laws to include protections against NDAs in other forms of workplace discrimination.

The Postpartum Ad the Oscars Wouldn't Run

February 24, 2020
Pregnancy Discrimination
Paid Family Leave
Sometimes reality is too real for Hollywood and the culture machine, as was demonstrated when ABC and the Academy decided not to air an ad dealing straightforwardly with the reality of postpartum life. The ad for Frida Mom, a retailer in the baby and new mother field, depicted a women confronting in a realistic manner the stress and changes that occur for new mothers.

Associate Alex Berke quoted in Mother Jones on Defamation and Sexual Harassment

February 18, 2020
Sexual Harassment
Alex Berke, an employment lawyer in New York, says she asks men what their goal is when they come to her after being accused of sexual harassment. Will a lawsuit really stop people from talking about them?

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