By Christine Dunn and Amira Dehmani Last month, the Congressional Permanent Subcommittee on...
Renege, Conceal, Evade: Takeaways from Report on USCGA Cover-up of Operation Fouled Anchor
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Sexual Harassment
“Keep This Between Us” Spotlights “Grooming Epidemic”
“Keep This Between Us” is a four-part Freeform docuseries that dives into the lived experiences of...
The Speak Out Act: Another Step Forward in the Battle Against Sexual Assault and Sexual Harassment in the Workplace
On Thursday, September 29, the Speak Out Act passed in the Senate with bipartisan support. If it passes in the House and is signed into law by President Biden, it will be another important step toward holding perpetrators of workplace misconduct accountable. Following the passage of the Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021 (the Ending Forced Arbitration Act) earlier this year, this development is a clear sign of progress toward eliminating the hurdles that survivors of workplace sexual assault and sexual harassment face when they try to seek redress for what they have endured. What is the Ending Forced Arbitration Act? The passage of the Ending Forced Arbitration Act last March was a landmark moment in the fight against sexual assault and sexual harassment in the workplace. The Ending Forced Arbitration Act makes forced arbitration clauses in employment contracts voidable insofar as they relate to sexual misconduct claims. Such clauses force employees to resolve their workplace disputes through arbitration rather than in court. The Act was not an all-in-one fix, though. First, the Act addressed only sexual assault and sexual harassment claims, leaving access to justice for other types of discrimination for another day. Second, […]
Recourse for Victims of Sexual Assault and Harassment in the Maritime Industry
It is no secret that there is a long, well-publicized history of sexual assaults and sexual harassment (SASH) within the maritime industry. In fact, in 2016 and again in November 2021, due to widespread incidents of SASH aboard maritime vessels, the U.S. Merchant Marine Academy (USMMA) temporarily halted its Sea Year program – a program in which students are placed aboard commercial ships for several months as a requirement for graduation.[1] After allegations of rape and sexual harassment of USMMA cadets surfaced, Peter DeFazio (D-OR), chair of the House Committee on Transportation and Infrastructure, issued a statement in October 2021 that there must be “zero tolerance when it comes to sexual assault.”[2] Rep. DeFazio noted that the “pattern of abuse in the maritime industry and the Sea Year program in particular has gone on far too long – we must reform the toxic culture that has allowed this problem to fester, and not stop until our seas are safe for everyone.”[3] Shortly following his statement, Rep. DeFazio introduced the Stop Sexual Assault and Harassment in Transportation Act in the House of Representatives, which was passed in the House in March.[4] The proposed legislation seeks to “protect personnel and passengers during […]
H.R. 4445: Congress Bars Forced Arbitration of Sexual Assault and Sexual Harassment Cases
Attorneys at along with many other commentators (and, unfortunately, a number of forceful judicial dissents), have written extensively about how arbitration has been distorted and manipulated to deprive employees and other individuals of their legal rights and remedies and prevent them from holding companies fully accountable for unlawful conduct. Now, after years of stalled efforts in Congress, H.R. 4445 represents the first successful federal legislative inroads into an arbitration regime run amok. The bipartisan bill prevents employers from enforcing pre-dispute arbitration agreements—as well as waivers of class, collective, and joint actions—in sexual harassment and sexual assault cases. How H.R. 4445 Protects Employees Significantly, H.R. 4445 avoids any potential litigation disputes over whether a particular arbitration agreement was forced upon the employee or made a mandatory condition of employment. The bill allows any employee subject to such an agreement to freely elect whether to proceed in court or in arbitration. This was needed to provide a real and meaningful choice to workers. If employers are able to extract arbitration agreements from workers, they are also readily able to extract statements that such agreements were voluntary. Even workers given the ostensible option to opt-out at the point the agreement is imposed are […]
The Silenced No More Act Provides a Long-Overdue Expansion of Rights to California Employees
On January 1, 2022, a California law went into effect that, among other developments, prohibits nondisclosure agreements (NDAs) that keep employees quiet about the discrimination they have suffered in the workplace. The state legislature passed the bill, known as SB 331 or the Silenced No More Act, on October 7, 2021. What Does the Silenced No More Act Do? SB 331 took a preexisting bar on nondisclosure provisions for sexual harassment and other forms of sex discrimination and expanded it to all forms of discrimination covered by the California Fair Employment and Housing Act (FEHA). While the passage of SB 331 is cause for celebration, it also begs the question: Why was the prohibition on overly broad confidentiality agreements so limited in scope in the first place? The STAND Act In 2018, the California legislature enacted the Stand Together Against Non-Disclosure Act (STAND). The law banned settlement agreement provisions that demand employees be silent about sexual harassment, sexual assault, other forms of sex discrimination, and related retaliation. The legislation, passed in response to the #MeToo movement, was rightfully hailed as a significant victory. The STAND Act took away NDAs as a powerful tool of abusers, who all too often silence […]
Congress Should Pass the Judiciary Accountability Act
For years, Ninth Circuit judge Alex Kozinski sexually harassed his law clerks, repeatedly making inappropriate comments and sharing pornography in chambers. He could act with impunity—and other judges have been able to do the same—because our nation’s anti-discrimination laws have left law clerks and most other judicial employees unprotected. Because of a loophole in Title VII, there are more than 30,000 workers in the federal judiciary who cannot bring harassment or discrimination claims against their employer. Congress should pass The Judiciary Accountability Act to close this loophole and make it illegal for federal judges to subject employees to discrimination and harassment, including sex discrimination and race discrimination, and sexual harassment and racial harassment. Federal judges are appointed for life by the President and confirmed by the Senate, and they hold substantially more power and influence than other courthouse employees. These employees include law clerks, who typically serve one- or two-year terms very early in their careers. Judges also have substantial influence of the careers of their clerks, which contributes to the power imbalance. An American Bar Association article has noted that “[i]t is a well-known and chronicled aspect of clerking” that the relationship between judges and clerks can “survive[] deep into their respective careers.” Workplaces with […]
Sexual Harassment is a Form of Illegal Housing Discrimination
The Federal Fair Housing Act, along with many state and local laws, prohibits gender discrimination in housing, including sexual harassment. It is illegal for landlords, property managers, real estate agents, and maintenance staff to demand sexual favors in exchange for access to housing or repairs. They also cannot create a hostile environment for tenants based on their sex, for example, by making sexual advances or engaging in verbal or physical sexual abuse. Here is a list of examples—though certainly not exhaustive—of illegal sexual harassment in housing from the United States Department of Housing and Urban Development: A landlord tells an applicant he won’t rent her an apartment unless she has sex with him. A property manager evicts a tenant after she refuses to perform sexual acts. A maintenance man refuses to make repairs unless a tenant gives him nude photos of herself. A landlord subjects a tenant to severe or pervasive unwelcome touching, kissing, or groping. A property manager makes severe or pervasive unwelcome, lewd comments about a tenant’s body. A maintenance man sends a tenant severe or pervasive unwelcome, sexually suggestive texts and enters her apartment without invitation or permission. In certain circumstances, landlords are also required to stop tenants […]
Can I Still Bring a Sexual Assault, Sexual Harassment, or Gender Discrimination Lawsuit Against My School or University?
The #MeToo Movement continues to call attention to victims of sexual violence and discrimination. A chorus of survivors’ voices grows. More and more survivors are filing sex discrimination lawsuits to vindicate their rights in court and hold accountable both the perpetrators who harmed them and the institutions that failed to protect them. Often it is an educational institution that betrays a survivor’s trust: schools, colleges, universities, teams, and programs. For survivors considering a lawsuit against such educational institutions, there is always the crucial question: have my civil claims expired under the law? The short answer is: it depends. Even if you last suffered direct injury years (or decades) ago, it is important to consult with a civil litigation lawyer. One important circumstance that can extend a normal deadline to file suit is if you discover new information that reveals an institution’s culpability to you. A major barrier to victims’ pursuit of justice is often presented by the strict time limits within which victims must file their claims (this is commonly called the “statute of limitations”). The exact deadline for filing a claim can be a very complex and technical legal question. It depends on both the law and your situation. Title IX […]
Filing A Sexual Harassment Lawsuit Under A Pseudonym
The Federal Rules of Civil Procedure generally require that a publicly filed lawsuit name all the parties involved. However, under certain circumstances, plaintiffs can avoid disclosing their name by filing a lawsuit using a pseudonym (such as “Jane Doe” or “John Doe”). Although the use of a pseudonym commonly arises in sexual harassment cases, some courts are reluctant to allow a plaintiff to proceed pseudonymously based solely on allegations of sexual harassment. Other bases, such as reasonable fear of reputational damage or the risk of psychological harm if the litigant’s true identity is revealed, are often required for a plaintiff to proceed anonymously. One common basis for proceeding pseudonymously is a plaintiff’s reasonable fear that they will suffer reputational harm and damage to their career and employment prospects if their true identity is revealed. This is particularly relevant in the Title IX context, as cases alleging sexual abuse on college campuses have garnered significant media attention in recent years. Courts have also allowed plaintiffs to proceed pseudonymously where public disclosure of their name is likely to result in psychological harm. Courts have recognized that forcing a litigant who is currently undergoing psychological treatment to reveal their true identity may be detrimental to their […]