Tag archives: sexual harassment

D.C. Circuit Draws Line Between Protected Labor Activities and Discipline-Worthy Employee Misconduct

Photo of Kevin MacNeillBy Kevin MacNeill on Posted in United States
Section 7 of the National Labor Relations Act (Act) gives employees the right to form unions, bargain collectively and to “engage in other concerted activities for the purpose of … mutual aid or protection”. Speaking out about conditions of employment on behalf of a group of employees would fall  within this protection. And, section 8 … Continue reading

Government introduces legislative changes following the Respect@Work report

Photo of Alexandra ShieldsPhoto of John TullioBy Alexandra Shields and John Tullio on Posted in Australia, Discrimination and harassment
On 24 June 2021, the Federal Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendments Bill 2021 (Cth) (Bill) into the Senate.  The Bill amends both the Sex Discrimination Act 1984 (Cth) (SDA) and the Fair Work Act 2009 (Cth) (FWA) in response to the Respect@Work report (the Report) and implements many … Continue reading

WHS regulators issue guides and codes of practice on psychological health and managing sexual harassment claims

Photo of Katherine MorrisPhoto of Annika MartzPhoto of Brittany TyneBy Katherine Morris, Annika Martz and Brittany Tyne on Posted in Australia
Earlier this year, the Respect@Work – National Inquiry into Sexual Harassment in Australian Workplaces, conducted by the Australian Human Rights Commission made key recommendations addressing psychological health and sexual harassment in Australian workplaces. Specifically the inquiry recommended: the model WHS Regulations should be amended to address psychological health by identifying and appropriately controlling work-related psychosocial … Continue reading

On allegations of sexual harassment made on social media in Quebec: what employers need to know

Photo of Carl TrudeauBy Carl Trudeau and Antoine Gagnon on Posted in Canada, Québec
Over the last few weeks, several cases of sexual harassment allegations have been posted both openly and anonymously on social media in Quebec. One issue that will surface for employers is how these public allegations should be handled when the actions, comments or gestures stem from one of their own employees. First, provincially regulated employers … Continue reading

Australian Human Rights Commission – Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces

Photo of David CrossPhoto of Georgia WolffBy David Cross and Georgia Wolff on Posted in Australia
The Australian Human Rights Commission (AHRC) has recently released its ‘Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces’ report (Report) in response to the decision in June 2018 by the Sex Discrimination Commissioner, Kate Jenkins, and the then Minister for Women, the Hon Kelly O’Dwyer, to launch the independent national inquiry into sexual harassment … Continue reading

France: Le harcèlement sexuel susceptible d’être exclu en cas d’attitude ambigüe de la victime

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Discrimination and harassment, Europe, France
Le harcèlement sexuel est défini, dans le Code du travail, par « des propos ou comportements à connotation sexuelle répétés qui soit portent atteinte à [la] dignité [du salarié] en raison de leur caractère dégradant ou humiliant, soit créent à son encontre une situation intimidante, hostile ou offensante ». Le Code du travail prévoit également une … Continue reading

France: Provocative acts do not necessarily fall within the scope of sexual harassment if the victim’s behaviour is ambiguous

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Discrimination and harassment, Europe, France
The French employment Code defines sexual harassment as “repeated sexual comments or conduct that either violate the [employee’s] dignity because of their degrading or humiliating nature or create an intimidating, hostile or offensive situation against the employee“. The French employment Code also assimilates to sexual harassment “any form of serious pressure, even non-repeated, exercised for … Continue reading

New York State and New York City employers face new compliance requirements

Photo of David Gallai (US)Photo of Rachel Kurth (US)By David Gallai (US) and Rachel Kurth (US) on Posted in North America, United States
Recently, New York State and New York City have continued the trend of enacting employee-friendly legislation and issuing broad enforcement guidance under their respective employment laws and regulations.  New York State and New York City employers should be aware of the following recent developments from 2018 and early 2019, and should take action to review … Continue reading

Have your say on Sexual Harassment in the Workplace

Photo of Alexandra ShieldsBy Alexandra Shields on Posted in Australia, Discrimination and harassment, General
The recent Australian Human Rights Commission (AHRC) national survey on sexual harassment has made it clear that sexual harassment in the Australian workplace is increasing.   In June 2018, the AHRC announced a National Inquiry into Sexual Harassment in the Workplace in order to report, on other things, the prevalence and reporting of harassment and the … Continue reading

New York State issues final guidance on anti-sexual harassment law and delays mandatory annual training deadline

Photo of David Gallai (US)Photo of Rachel Kurth (US)By David Gallai (US) and Rachel Kurth (US) on Posted in North America, United States
In September 2018, we reported on New York State’s issuance of draft guidance under the recently enacted New York State law aimed at preventing sexual harassment.  New York State has now issued final guidance under this law.  This includes final guidance regarding: The anti-sexual harassment policy that every New York State employer (regardless of size … Continue reading

New York City employers take note: New anti-sexual harassment laws enacted

Photo of David Gallai (US)Photo of Rachel Kurth (US)By David Gallai (US) and Rachel Kurth (US) on Posted in United States
On May 9, 2018, New York City enacted a number of laws addressing sexual harassment in the workplace.  The laws are summarized below.  New York City employers who do not yet have anti-harassment and anti-retaliation policies in place should promptly begin the process for adopting them.  New York City employers should also begin to make … Continue reading

New York State’s new sexual harassment prevention laws will require action by all New York employers

Photo of David Gallai (US)Photo of Rachel Kurth (US)By David Gallai (US) and Rachel Kurth (US) on Posted in Discrimination and harassment, United States
On April 12, 2018, New York State  Governor Andrew Cuomo signed into law new measures aimed at preventing sexual harassment. We summarized these provisions in detail in our legal update, New York employers should get ready to comply with New York State’s new sexual harassment prevention laws, published on April 11th, in anticipation of the bill being signed … Continue reading

Sexual harassment settlements (and attorneys’ fees) may no longer be tax deductible for employers

Photo of David Gallai (US)Photo of Matt Heller (US)By David Gallai (US) and Matt Heller (US) on Posted in Discrimination and harassment, United States
As a result of the new tax reform legislation, employers may no longer deduct on their tax returns any “settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement” (emphasis added) or any “attorney’s fees related to such a settlement or payment.” This change … Continue reading

Second Circuit’s decision expands liability for discrimination under “cat’s paw” doctrine

Photo of Samantha Beltre (US)By Samantha Beltre (US) on Posted in Discrimination and harassment, United States
You may be familiar with the Aesop fable in which a monkey convinces a naïve cat to burn his paw in order to pull chestnuts from a hot fire for their mutual satisfaction but then eats all the chestnuts himself. This “cat’s paw” doctrine, as it has been coined in employment litigation, has been applied … Continue reading

Vicarious liability for sexual harassment

Photo of Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in Discrimination and harassment, South Africa
This article was written by Steven Adams, an Associate and Hermann Nieuwoudt, a Director at Norton Rose Fulbright South Africa The Eastern Cape High Court has developed the common law and expanded the circumstances in which an employer may be held vicariously liable for its employee’s sexual harassment of another employee. Phil-Ann Erasmus was employed by … Continue reading

Sexual advancement v sexual harassment

Photo of Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in Discrimination and harassment, South Africa
This article was written by Mandi Osher at Norton Rose Fulbright South Africa Mere sexual attention will not necessarily amount to sexual harassment.  Last month, the Labour Court found that something more may be required.  To qualify as something more serious, sexual attention must cross the line from a sexual proposition to actual sexual harassment. … Continue reading

We filter: Crafting An affirmative defense to sexual harassment?

Photo of Jennifer AwreyPhoto of Arthur F. SilbergeldBy Jennifer Awrey and Arthur F. Silbergeld on Posted in Discrimination and harassment, United States
Many employers have implemented policies and procedures to protect employees from harassment in the electronic work space in an effort to limit liability. EEOC statistics suggest that claims of unlawful harassment through electronic communications, including emails, pornographic websites, and sexual comments on social media and blogs make up an increasing percentage of sexual harassment charges … Continue reading
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