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In Focus: Sexual Harassment

Background

Sexual harassment is a form of discrimination prohibited under Title VII of the Civil Rights Act of 1964. Title VII does not expressly mention sexual harassment, but in 1986 the Supreme Court first recognized a sexual harassment claim. Additionally, many states expressly prohibit sexual harassment in the workplace.
Heightened attention surrounding sexual harassment due to the #MeToo movement has raised the stakes for employers to get out in front of this issue and to address sexual harassment concerns.

BLAW News

Wall Street’s Silencing of Sexual Harassment Cut Back by New Law
Cuomo Defense in Discrimination Suit to Be Paid by NY Taxpayers
Bannon Ordered to Testify in Trump Staffer’s Discrimination Suit
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Federal & State Dockets

Bidwell v. Enterprise Recycling, LTD., Docket No. 5:23-cv-00022 (N.D. Tex. Jan 27, 2023), Court Docket
Elder v. 4th St. Collective, Inc., Docket No. 23LBCV00142 (Cal. Super. Ct. Jan 27, 2023), Court Docket
Dupart v. Ford Motor Company, Docket No. 1:23-cv-00516 (N.D. Ill. Jan 27, 2023), Court Docket
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Nondisclosure Agreement Laws - image

Blue - NDA use by private employers limited Gray - No limits on harassment claim NDAs for private employers Source: Bloomberg Law data Note: Maine's law takes effect Aug. 8, 2022 Bloomberg Law

Federal & State Opinions

Pine v. Cnty. of Ocean, No. 22-02760 (FLW), 2023 BL 27615 (D.N.J. Jan. 26, 2023), Court Opinion
Heiken v. S.W. Energy, No. 21-1734, 2023 BL 21712 (3d Cir. Jan. 24, 2023), Court Opinion
Nicewonder v. Ferguson Enter., LLC, No. 22-cv-01062-CMA-KLM, 2023 BL 16275, 2023 Us Dist Lexis 8715 (D. Colo. Jan. 17, 2023), Court Opinion
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Arbitration Awards

Employment Cases
Labor Cases

ALM VerdictSearch Reports

Suit: False rumor led to hostile work environment, retaliation
Receptionist said she was harassed by car salesman
Plaintiff claimed she was fired for harassment complaints
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EEOC Guidance

Data Highlight - Sexual Harassment in Our Nation's Workplaces
Search Compliance Manual
Search Opinion Letters
Task Force Report on Harassment in the Workplace

Related In Focus

Gender Identity Discrimination

Chart Builders

State Sexual Harassment Laws
All Labor & Employment Chart Builders

Laws & Regulations

Speak Out Act of 2022 New
Title VII of the Civil Rights Act of 1964
EEOC Guidelines on Sexual Harassment
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

Practical Guidance

Topic - Sexual Harassment
Employment Agreements
M&A Representations & Warranties
Professional Perspectives
All Sexual Harassment Practical Guidance

Transactional Precedents

Search Employment Agreements
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Workflow Tools

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Litigation Analytics
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Amount Recovered for Victims (EEOC) - image

Amount Recovered for Victims (EEOC) FY 2010 - FY 2020 $80m 60 40 20 0 2010 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 2021 Source: Equal Employment Opportunity Commission Note: Does not include monetary benefits obtained through litigation. Bloomberg Law

BLAW Analysis

ANALYSIS: I Scream, You Scream, We All Scream for...Regulation?
ANALYSIS: A Fresh Look at #MeToo Reps & Warranties in M&A Deals
ANALYSIS: Tips for Powering Up ESG Diligence and Reps in M&A
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Fast Answers

Sexual Harassment & Hostile Work Environment
All Employment Discrimination

Reference Materials

Employment Discrimination Law
Workplace Harassment Law
Types of Discrimination - Sexual Harassment New
EEO Compliance - Sexual Harassment Policies

Law Firm Client Alerts

Akin Gump Strauss Hauer & Feld LLP, Alert, LaborSpeak: NY Model Sexual Harassment Prevention Policy Changes
Jackson Lewis LLP, Article, 2022 New York Roundup State, City Legislative and Related Developments
Fisher & Phillips LLP, Alert, Australia Passes Comprehensive Workplace Reform: 12 Key Updates Employers Should Note
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