New Workplace Sexual Harassment and Discrimination Laws: Avoiding Claims in the #MeToo Era

Within weeks of #MeToo going viral, legislators across the nation were proposing a wide range of measures to address sexual harassment in the workplace. In just months from the inception of the #MeToo movement, some of these proposals became state laws that impose new and significant obligations on employers.

To date, most enacted and proposed measures focus on three essential areas: (1) prohibiting mandatory arbitration of sexual harassment disputes and waivers of employees’ rights and remedies; (2) banning nondisclosure agreements in sexual harassment settlements and in other contexts; and (3) requiring employers to adopt detailed sexual harassment policies and/or comprehensive training programs.

Counsel to employers must reevaluate not only the arbitration and nondisclosure provisions in any employment contracts, but also review and revise any sexual harassment policies and training programs. If necessary, counsel should also be prepared to attend training sessions for management and supervisory personnel to ensure compliance with any new state laws.

Employers must also be sensitive to Title VII circuit splits, particularly concerning sexual identity issues, as additional guidance may be required to avoid discrimination claims.

Listen as our distinguished panel provides best practices for complying with new state anti-sexual harassment laws, as well as navigating the circuit split on Title VII sexual identity issues. They will also provide employers’ counsel with practical guidance on analyzing employment contracts and updating workplace policies and training programs.

1. Overview of new state laws regarding sexual harassment in the workplace
2. Analysis of circuit split on Title VII protection of sexual identity
3. Discussion of how these legislative changes and judicial decisions impact employers
4. Best practices for maintaining compliance and avoiding sexual harassment and discrimination claims

The panel will review these and other important topics:

• What new state laws have been enacted regarding sexual harassment in the workplace?
• What is the circuit split regarding Title VII protection of sexual identity?
• How do these legislative changes and judicial decisions affect employers?
• What are the best practices for maintaining compliance and avoiding sexual harassment or discrimination claims?