Event Archive

SEXUAL HARASSMENT & WEINSTEIN EFFECT: An Employer's Survival Guide

   

With an increasing number of millennials driving the #MeToo movement, the U.S. Supreme Court is expanding its approach to sexual harassment. For example, the Faragher-Ellerth framework, which set a precedent two decades ago, may now be insufficient—simply showing that an accuser did not report harassment may not be enough. Read the article from Bloomberg Law to further the discussion.

Attached is a sample Anti-Harassment policy addressing the statutory requirements for the following states: California, Massachusetts and New York. Please note that this is a template only. These laws are constantly being changed and refined by judicial opinions, and thus you should carefully review with members of your management and legal teams prior to implementation. Click Here.

Contact Info

Marathas Barrow Weatherhead Lent LLP

Steven D. WeatherHead, esq.

sweatherhead@marbarlaw.com


(617) 830-5458

NOVATIME TECHNOLOGY, INC.

Kyle Glave, Sales Director

Kyle.Glave@novatime.com

9680 Haven Ave., #200
Rancho Cucamonga, California 91765
(909) 895-8100 ext. 8100

Questions & Answers:

Q1

What constitutes a small employer vs. a larger employer, and how are these capped?

A1

I indicated that certain damages are “capped” under Title VII for small employers. A brief description of such caps can be found here: https://www.eeoc.gov//employees/remedies.cfm.

Please note:

  • Such caps only apply to Federal law claims under Title VII. They do not apply to state law claims of harassment or discrimination.
  • The caps only apply to “compensatory damages”: emotional distress damages, punitive damages, and out -of-pocket expenses. The caps do not apply to direct damages, such as front pay or back pay, or attorneys’ fees
Q2

Is there any defense for retaliation claims?

A2

Yes. If the defense was not in good faith. The decision was made for other independent reasons, and not related to the conduct. If the person who terminated you had no idea that you brought up the issue, then there would be no retaliation. If there is a history of performance issues, the employee would be terminated based on performance, and not on the complaint.

Q3

How can we obtain a copy of a sample sexual harassment policy that was mentioned?

A3

We typically do not hand these out for free, but I will send a copy to Kyle for distribution. Disclaimer: you should still look at this with an attorney, so don’t just take it and print it. Please put some thought into it.

Q4

How can obtain a copy of the sample Love Contract?

A4

The Love Contract is essentially both people admitting that it’s consensual and a binding admission. Some employers confronted with employee dating require employees to sign co-called “love contracts” that, among other things, attest to the consensual nature of the relationship. A sample “love contract” can be found here: http://pages.thinkhr.com/rs/thinkhr/images/Company-Love-Contract-01.0215.pdf. Such agreements should only be used after consultation with management and experienced counsel.

Q5

What is prohibiting pre-dispute arbitration, and what does it mean for a company?

A5

Pre-dispute means that when you walk in the door, before any complaint is made, you agree to go through arbitration with the company.

Q6

What happens if the accused ends up being innocent? Can they claim that they have been wrongfully terminated?

A6

Generally, no. The company relies on a complaint in good faith, and acted upon it.