In light of recent media coverage of sexual harassment claims in the workplace and the birth of the #MeToo movement, we recommend that employers implement steps to promote a professional and productive office environment and avoid workplace disputes.

Sexual Harassment and Employment Law Training

Employers should hold training seminars regarding sexual harassment and employment law issues in the workplace. First, employers in some jurisdictions are required to administer sexual harassment trainings annually to management personnel. Second, even if certain employers are not required to hold these trainings, they promote a productive and professional work environment for employees and in turn help reduce employee disputes. In addition, they may be helpful evidence that an employer is committed to combating sexual harassment and to promoting a harassment-free workplace in the event there is a dispute.

Implement or Update Sexual Harassment and Anti-Discrimination Policies

All employers should implement or update non-discrimination and anti-harassment policies to ensure that they comply with current legal requirements and have adequate complaint procedures in place. Further, if an employee makes a complaint of sexual harassment, employers must ensure that the complaint is promptly investigated and handled with sensitivity.

Key Legislative Developments

Lawmakers in six states, including New York, New Jersey and California, recently proposed legislation that would prevent employers from requiring employees to keep sexual harassment claims confidential in settlement agreements. If these bills become law, employers in certain states will lose protections that currently allow them to handle sexual harassment claims privately and confidentially.

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To schedule a sexual harassment and employment law training session or to seek advice regarding policies, internal investigations and reports of harassment, please contact one of the attorneys listed below.