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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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.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

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