October 9, 2023

EEOC Issues Draft for Update to Workplace Harassment Guidance

In September, the Equal Employment Opportunity Commission (EEOC) released proposed updates to workplace harassment guidance that had stalled previously under the Trump administration. The proposed updates would be the first changes to the EEOC’s harassment guidance in nearly a quarter of a century.

With the Democrats controlling the leadership of the commission after the Senate confirmed Kalpana Kotagal’s nomination in July, the draft was approved 3-2. The draft is now open to public comment, which runs to November 1. It is hoped that the guidance will clarify changes in civil rights law and society over the past 25 years, such as the Supreme Court’s 2020 Bostock ruling and the large-scale adoption of remote work, which is posing new challenges for workers and employers.

The proposed changes come as the EEOC has been pursuing several high-profile harassment cases against corporate giants Walmart and Tesla. Although the guidance, if approved, would be non-binding, it would be a relevant citation in legal proceedings.

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Remote Work May Impact Career Advancement

August 18, 2021
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There are few silver linings to be found in the last 20 months. But one bright spot has been the expansion of remote work as an option. The flexibility remote work offers is also a boon to companies competing for workers. However, as companies expand their work-from-home policies, they need to be mindful of how it can affect office culture and promotions.

Alex Berke Quoted in Law 360 Piece on the Cuomo Sexual Misconduct Fallout

August 4, 2021
Sexual Harassment
Alex Berke quoted in Law360 Article, “Cuomo Sexual Misconduct Report A Road Map For Lawsuits.”

31st Anniversary of ADA Has Special Significance This Year

July 29, 2021
Disability Discrimination
Thirty-one years ago this week, then-president George H.W. Bush passed the Americans with Disabilities Act (ADA) into law. It was a milestone in Federal law with wide ranging implications throughout US society, and, because of its extension of civil rights workplace protections to those with disabilities, special impact on our own practice in employment law.

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