July 15, 2020

New Study Finds Sexual Harassment Pervasive in the Legal Professions

Taking a break from the wall-to-wall imperative that is coronavirus, we wanted to highlight a new study about workplace cultures in the legal practice. Conducted by the Women Lawyers on Guard, the study Still Broken: Sexual Harassment and Misconduct in the Legal Profession shows that sexual harassment plagues women at all levels of the legal profession, from early-career lawyers to judges, and everyone in between. 

The study draws on a survey distributed in the summer of 2019 in which people were asked several questions about their experience with sexual harassment in their legal careers. Of the 2,100 respondents, 92% identified as women, and of that cohort, 75% responded that they had experienced sexual harassment firsthand.

The WLG’s executive summary of the study highlights six important takeaways from the findings with the most prominent that sexual harassment appears to be deeply rooted in the legal professions, whether it is at firms, in government, or in academia. The findings also demonstrate the paucity of effective courses of action for people who have experienced harassment or assault and highlight the distinct lack of consequences for such institutionalized behavior. According to the survey, race and ethnicity as well as gender identity are seen as compounding factors. 

In addition to highlighting the survey results, the WLG calls for far-reaching recommendations and the study also provides information on what the respondents believe would be effective ways to combat workplace harassment.

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Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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