On 8 July, the UK Government announced plans to end the use of non-disclosure agreements in cases involving harassment and discrimination. The Employment Rights Bill is currently being examined by the House of Lords, following which it will return to the House of Commons and will likely pass into law later this year.…

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The U.S. Equal Employment Opportunity Commission (EEOC) released its long-awaited proposed guidance on workplace harassment, which includes advice to employers concerning online misconduct, LGBTQ rights, and abortion issues. The guidance is open for public comment until Nov. 1, 2023. This is the first guidance the EEOC has issued on harassment since its 1999 “Enforcement Guidance…

On Aug. 7, 2023, Colorado employers’ workplace obligations will change due to the passage of the Protecting Opportunities and Workers’ Rights Act (the POWR Act). The POWR Act, which Governor Polis signed after its passage during the most recent legislative session, changes key legal standards related to workplace harassment and non-disclosure agreements with employees, among…

As States “reopen” and employees “return to work,” employers are presented with a fresh opportunity to revisit their pre-pandemic policies. McKinsey reported in the fall of 2020 that women, LGBTQ and people of color were more likely to report acute challenges in the pandemic. The Pew Research Center found that Black and Asian Americans reported…

On March 25, in New Jersey Civil Justice Institute et al. v. Grewal, a New Jersey district court ruled that the Garden State is barred from enforcing a recently enacted provision prohibiting employers from requiring workers to arbitrate discrimination and harassment claims, finding the measure is preempted by federal law.

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On August 12, 2019, New York Governor Andrew Cuomo signed new legislation amending the New York State Human Rights Law (the “NYSHRL”), changing the State law’s previous adherence to certain fundamental principles of federal law concerning employment harassment generally, including the standard for determining employer liability for “hostile work environment” discrimination claims and the availability…

Characterizing its own precedent as “inconsistent” and “confusing,” the Third Circuit Court of Appeals, in a published opinion earlier this month, undertook to “clarify” the “correct standard” for establishing  a hostile work environment claim under federal anti-discrimination law (in particular, Title VII). Castleberry v. STI Group, No. 16-3131. To state such a claim, plaintiffs…