In my legal writing class my first year of law school, each student presented mock oral arguments, and received feedback from classmates. Following my argument, I was told that I was “persuasive” and “well prepared,” but what resonated most was the handful of classmates who described my argument as “aggressive.” One classmate felt that I […]
The #MeToo movement has shined an unflattering light on employer-mandated arbitration agreements, which commonly prevent victims of sexual harassment from speaking publicly about their experiences. Mandatory and confidential arbitration has the effect of forcing women into silence, while allowing perpetrators to continue to harass and assault other employees. With the rise of the #MeToo movement, […]
What Rights Do I Have If I Signed A Non-Disclosure Agreement Or Confidential Settlement Of Employment Discrimination Case With My Employer?
Revelations that Harvey Weinstein and Bill O’Reilly entered into serial confidential settlements with women who claimed they were sexually harassed in the workplace has brought a great deal of attention to non-disclosure agreements and confidentiality and non-disparagement clauses in settlement agreements. Indeed, this increased attention has lead lawmakers in certain states to propose changes in […]
Sexual harassment is all over the news. Harvey Weinstein, the cinematic giant, has been exposed as a loathsome lothario, a serial abuser of women, and a poster child of male privilege and abuse in the movie industry. Weinstein and sexual harassment are now inextricably linked in the public imagination, and, it seems, never the twain […]
On February 15, 2017, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Hidden Hawaii Tours alleging that the President of the company engaged in a pattern of sexually harassing his young employees. Unfortunately, that’s not an uncommon scenario. The difference in this case is that the victims were men. According to the EEOC […]
Title VII of the Civil Rights Act of 1964 makes it illegal for an employer to discriminate against an employee “because of such individual’s race, color, religion, sex, or national origin.” When an employer discriminates against an employee because of his or her gender, there is, therefore, no question that Title VII makes that conduct […]