A new Act of Congress titled the “Speak Out Act” recently passed and was signed by President Biden on December 6th, 2022... Spurred on by the #MeToo Movement, this bill attempts to remove barriers to the enforcement of anti-sexual harassment and sexual assault laws in...
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Fourth Circuit Rejects School’s “One Free Rape” Defense
Under Title IX—which prohibits sex discrimination in federally funded educational institutions—a school can be found liable if it had “actual notice” that a student was sexually harassed, yet the school did nothing. Recently, the Fourth Circuit addressed the question...
Companies Can No Longer Use Arbitration for Harassment and Assault Cases
Any partisan bill is newsworthy in today's political landscape. Still, President Joe Biden made news by signing the bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 on March 3, 2022. This law ends companies' use of arbitration...
He said, SHE SAID!: Another Victory for the #MeToo Movement As Congress Invalidates Forced Arbitration Agreements
Employers commonly include mandatory arbitration clauses in their employees’ employment contracts, which prevent their employees from filing employment related claims in court. While these clauses are often touted as promoting efficiency, they have come under fire in...
Tipped Workers Deserve Protection From Harassment By Customers
When a large part of your wages comes from customer tips, you may go out of your way to accommodate the customer. That can lead to great customer service, but it sometimes also means putting up with sexual harassment or other issues. Employers have a legal duty to...
New Montgomery County Law Significantly Expands the Definition of Workplace Harassment
On January 15, 2021, a new law will go into effect in Montgomery County that will dramatically change the definition of workplace “harassment.” Previously, in order for workplace harassment to be actionable, it needed to be “severe or pervasive.” Generally, this...
Maryland Responds To #MeToo With New Legislation
In the wake of the Harvey Weinstein scandal and subsequent explosion of media coverage on sexual harassment in various workplaces, Maryland's legislature has chosen to respond with new legislation. Effective October 1, 2018, the state's new sexual harassment law...
Protecting the workplace against sexual harassment
The allegations against movie production giant, Harvey Weinstein, have sent ripples across Hollywood and throughout. In the weeks since the New York Times initially published their account of Weinstein’s egregious behavior, waves of workplace sexual harassment...
Signs an employer does not take sexual harassment seriously
Despite the many state and federal laws that bar sexual harassment in the workplace, sexual harassment is still a major problem. Every year, the Equal Employment Opportunity Commission (EEOC), investigates thousands of sexual harassment claims. In fact, in 2016 this...
Protester highlights troubling employment issues within the TSA
For months now, anyone driving by the Transportation Security Administration (TSA) headquarters in Arlington may have seen a woman in business attire marching around the building holding up a sign and passing out flyers. Alyssa Bermudez, a former TSA employee, has...