Tag: Sexual Harassment

Understanding Your Role in Sexual Harassment Prevention

Sexual harassment has been top of mind for most HR professionals as the #MeToo movement gained momentum over the past year. Employers, employees, and HR departments alike are striving to create safe workplaces for all, and they’re getting some help from state and local legislators. So far, more than 30 jurisdictions—including New York and even […]

sexual harassment

Louisiana State Agencies Face New Sexual Harassment Law

A new Louisiana law taking effect on January 1 requires all state agencies to adopt a sexual harassment policy making clear that unwelcome sexual advances, requests for sexual favors, and other inappropriate sexual conduct creating a hostile work environment are prohibited behaviors.

Nursing Home Should Have Protected Employee from Patient’s Sexual Groping

The U.S. 5th Circuit Court of Appeals (whose rulings apply to Louisiana employers) recently provided some guidance on whether an employer has a duty to protect employees from sexual harassment by its customers. In this case, the employer was a nursing care facility, and the “customer” was a mentally impaired patient with whom the employee […]

Final Guidance Documents for New York’s Sexual Harassment Training

On October 1, 2018, New York state updated the sexual harassment prevention guidance and model documents it has made available online. The state had issued draft documents in August and had requested public comments. Here are some of the key differences in the final documents:

When Is Sexual Abuse an “Accident?”

A student alleged that she was sexually abused by a construction worker at her school and sued the construction company for negligently hiring, retaining, and supervising the worker. The company submitted the claim to its insurance company under a commercial general liability policy. The carrier successfully challenged the company’s request for coverage in federal court. […]

Why Can’t We Be Friends: Would Lyle Case Decision Be Same Today?

What if I told you that the California Supreme Court has ruled that under certain circumstances, an employee being exposed to lewd conduct in the workplace – including sexual discussions, sexually explicit pictures, and colleagues pantomiming masturbation – is not enough to sustain an actionable sexual harassment claim? In light of the recent spate of […]

Thoughts on Sexual Harassment—a Personal Perspective

I do a lot of antiharassment training. In the past, much of my training has followed a relatively standard format explaining that employers can be liable for harassment by supervisors even if employees don’t complain and that supervisors can “aid and abet” a hostile work environment by turning a blind eye to problematic situations. I […]

All the Money in the World: Mark Wahlberg, Michelle Williams, and Wage Disparity Issues

In the wake of the Harvey Weinstein scandal and the ongoing Hollywood reckoning, Kevin Spacey’s downfall was swift following accusations from Anthony Rapp that Spacey sexually assaulted him at the age of 14. Since Rapp came forward, several others have joined him in accusing Spacey of sexual misconduct and predatory behavior. Netflix suspended production of […]