The current landscape in the #MeToo Era has heightened the need for leaders at every business organization to ensure that sound and strategically aligned practices for preventing, receiving, and responding to harassment, discrimination and other workplace related claims are in place.
Proskauer has just released its findings from a broad-based survey of employers around the country who are responding to these pressing issues in real
Employers: have you thought about the true implications of waiving arbitration? When considering how to end sexual harassment issues in the workplace, prioritizing training and policy review may be a better course. Read more in Anthony Oncidi’s latest column in the Los Angeles Daily Journal: https://lnkd.in/dcMBBFm
After Jerry Brown’s second set of 8 years in office (1975-83 and 2011-19), employers now look to Governor-Elect Gavin Newsom for what’s in store for them in the Golden State. (Although Jerry Brown wasn’t a particularly good friend of employers, he often was the only friend they had in Sacramento, vetoing some of the more radical anti-employer measures that the California legislature routinely passed and
What legal changes has #MeToo brought to life? In his new monthly column for the Los Angeles Daily Journal, Anthony Oncidi delves into the latest legislation in California passed in response to the #MeToo movement. Read his analysis here: https://lnkd.in/dYN3CMf
This weekend Governor Brown signed many laws that were authored and gained traction in response to the #MeToo movement:
New Restrictions On Confidentiality Of Sexual Harassment/Discrimination Settlements
Senate Bill 820 prohibits confidentiality or non-disclosure provisions in settlement agreements that prevent the disclosure of factual information involving allegations of sexual misconduct – unless the party alleging the harm desires confidentiality language to protect his or her
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alifornia Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code. The bill should protect both sexual harassment victims and employers against defamation claims from alleged harassers.
The bill was sponsored by the California Chamber of Commerce and passed the Legislature with unanimous, bipartisan support—presumably in recognition that victims and employers
Liberty Surplus Ins. Corp. v. Ledesma & Meyer Constr. Co., 233 Cal. Rptr. 3d 487 (Cal. S. Ct. 2018)
Ledesma & Meyer Construction Company (“L&M”) contracted with the San Bernardino Unified School District to manage a construction project at a middle school where a 13-year-old student (“Jane Doe”) was allegedly sexually abused by Darold Hecht, an assistant superintendent hired by L&M. After Doe sued
Scott v. Gino Morena Enterprises, LLC, 2018 WL 1977123 (9th Cir. 2018)
Taylor Scott sued GME in state court for sexual harassment and retaliation. Because Scott worked at a barbershop located on the United States Marine Corps Base Camp Pendleton, her state court action was removed to federal court under the federal enclave doctrine. After removal, GME filed a motion for judgment on
Hurley v. California Dep’t of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018)
Delane Hurley worked as a staff services analyst who sued her employer, the Department of Parks & Recreation (“DPR”), and her former supervisor Leda Seals for harassment based on sex and sexual orientation in violation of the Fair Employment and Housing Act (“FEHA”), invasion of privacy, violation of the
Padron v. Watchtower Bible & Tract Soc’y of NY, Inc., 16 Cal. App. 5th 1246 (2017)
Oswaldo Padron sued Watchtower for negligence; negligent supervision/failure to warn; negligent hiring/retention; sexual battery and sexual harassment, etc., associated with his allegedly being molested by one of Watchtower’s agents (Gonzalo Campos) when Padron was a child. Following multiple hearings and motions, the trial court imposed a $2,000 per