Working for Justice

Tag: Workplace Harassment

New York Judicial Committee Issues Report and Recommendations on Gender Equity in State Court

In November 2020, the New York State Judicial Committee on Women in the Courts released its 2020 Gender Survey, detailing the treatment of women attorneys, litigants, and court employees in the state court system. While the study found that the treatment of women has improved markedly in the last few decades, it also found that […]

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Executive Order 13950 Threatens Workplace Diversity and Inclusion Trainings

Posted November 23rd, 2020 by in Employment Discrimination.

On September 22, 2020, President Donald Trump signed Executive Order 13950, “Combating Race and Sex Stereotyping,” which, contrary to its title, seeks to undercut workplace equity and inclusion. The Executive Order—ostensibly targeting the anti-racism trainings that proliferated in the wake of the murder of George Floyd and the subsequent national reckoning with systemic racism—prohibits federal […]

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Recent Development: New York City Prohibits Discrimination Based on Hair

Posted April 1st, 2019 by in Employment Discrimination.

Every few months, social media is set ablaze with reports of an African-American employee, usually a woman, told by her boss to change her hair or face disciplinary action or termination. For example, in January, Brittany Noble, a black female news anchor in Jackson, Mississippi, alleged that she was fired for wearing her natural hair […]

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Is it a Hostile Work Environment or Evidence of Other Workplace Discrimination?

Posted January 22nd, 2019 by in Employment Discrimination.

Although many employees describe what they face at work as a “hostile work environment,” frequently what they are experiencing or observing is evidence of another type of workplace discrimination. It is therefore important for employees who believe they are experiencing discrimination in the workplace—and the lawyers who represent them—to look closely and carefully at all […]

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Sexual Harassment Training: Mandatory in Several States and Critical Nationwide

Posted November 6th, 2018 by in Gender Discrimination and Harassment.

As of October 9, 2018, New York State employers are now required to provide sexual harassment training pursuant to the State’s recently enacted sexual harassment prevention legislation, Section 201-g of the New York State Labor Law. This new law requires that all employers within New York, both private and public, provide annual anti-harassment training to […]

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NYU Lawsuit Highlights Potential Problems with Sexual Harassment and Assault Investigations

Universities and employers have a duty to respond to allegations of sexual assault, harassment, and discrimination. Many organizations conduct investigations before responding, and plaintiffs have filed gender discrimination lawsuits based on the investigations themselves. For one example, read coverage of Sanford Heisler Sharp’s trial about a Columbia University investigation here. Whether an investigation is so […]

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The EEOC’s #MeToo Moment

Posted August 20th, 2018 by in Gender Discrimination and Harassment.

The EEOC first convened its Select Task Force on the Study of Harassment in the Workplace in 2015 and 2016.  The Task Force issued a report and several recommendations aimed at employers and the EEOC itself. The Task Force’s 2016 report foreshadowed many of the issues that would later become central to the #MeToo conversation.  […]

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Lawyers Too: Recent Developments in the Legal Profession’s #MeToo Moment

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 […]

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New York Prohibits Mandatory Arbitration of Sexual Harassment Claims

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, […]

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New York City’s New Law Seeks to Address and Prevent Workplace Sexual Harassment

On May 9, 2018, New York City Mayor Bill DeBlasio signed the Stop Sexual Harassment in NYC Act (the “Act”), amending the New York City Human Rights Law (“NYCHRL”) to proactively combat sexual harassment in the workplace. The Act, passed by the New York City Council in the wake of the #MeToo movement, creates new […]

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Evidence-Based: Sexual Harassment and Gender Discrimination in Medicine Are Well-Established; It’s Time to Use the Law to Cure the Profession

Posted March 7th, 2018 by in Gender Discrimination and Harassment.

When will #MeToo come to medicine? While high-profile cases of sexual misconduct have rocked individual medical institutions—Yale in 2014 and 2015; USC in 2017; and Michigan State this year—the profession has escaped the level of public scrutiny sweeping entertainment, media, academia, and politics. And it’s not for lack of evidence. A study appearing in the […]

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Illegal or Unfair? Identifying and Correcting Unlawful Conduct in the Workplace

Posted December 18th, 2017 by in Employment Discrimination.

Everyone who has ever had a job knows that the workplace comes with its ups and downs, from getting a raise and having your work recognized, to suspecting you’re underpaid and managing interpersonal conflicts. The low points cause employees to wonder, “Is my employer allowed to do this? What can I do to stop it, […]

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Four Tips to Protect Yourself in the Workplace

Posted October 31st, 2017 by in Employment Discrimination.

Absent a contract of employment, “at-will employment” is the predominant employment relationship in the United States. Under the system, an employer can fire an employee for good reason, bad reason, or no reason at all. However, an employee may not be fired for an illegal reason, such as racial, gender, or other types of discrimination […]

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Sexual Harassment in the Workplace: An Overview

Posted October 17th, 2017 by in Gender Discrimination and Harassment.

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 […]

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Men Can Be the Victims of Sexual Harassment Too

Posted March 15th, 2017 by in Gender Discrimination and Harassment.

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 […]

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