The Equal Employment Opportunity Commission recently released preliminary figures on sexual harassment activity for Fiscal Year 2018, which ended September 30. The EEOC’s figures indicate an increase in sexual harassment charges and EEOC lawsuits, and a dramatic increase in the amount paid to settle sexual harassment charges. Then, last week, the Trump Administration issued its regulatory agenda for Fall 2018, which contains a number of labor and employment-related matters.
EEOC #MeToo uptick
The following are highlights of the EEOC’s recently released preliminary numbers on sexual harassment for Fiscal Year 2018:
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Laborhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLabor2018-10-24 10:48:122018-10-24 15:52:05EEOC Sees #MeToo Uptick, Regulatory Agenda Released
The Equal Employment Opportunity Commission reports that it has seen only about a 3 percent increase in sexual harassment charges since the #MeToo movement began roughly a year ago. However, a more significant increase may become apparent in early 2019, after the Agency compiles its charge-filing statistics for the fiscal year that runs from October 1, 2017, through September 30, 2018.
Meanwhile, human rights agencies in several states report that they have seen dramatic increases in the number of sexual harassment charges received.
As a lawyer who represents employers, how can you best ensure that your clients minimize their risks of being targets? First, tell them not to panic. Many of the #MeToo scenarios involve CEOs or other top executives, or uniquely talented creative individuals. It’s difficult for employers to take action against individuals in these categories because they are often the lifeblood of the employer, if not the actual founders. In addition, because of their unique value, they also frequently have contracts with termination provisions that, if exercised, can be prohibitively expensive for the company. The good news is that these individuals represent a small percentage of the population of employees accused of sexual harassment.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Laborhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLabor2018-09-19 22:16:462018-09-20 12:02:05Representing Employers In the #MeToo Era
For the past couple of years, the nonunion employment bar has watched as the National Labor Relations Board upended the law surrounding handbooks, waivers, arbitration agreements and a host of other aspects of the employment relationships. The Equal Employment Opportunity Commission, apparently not content to allow the NLRB to have all of the fun, has stepped up the use of its authority to attack separation and employment agreements.
In EEOC v. CVS Pharm., Inc., 809 F.3d 335 (7th Cir. 2015), the EEOC contended that CVS’ standard severance agreement constituted a pattern and practice of resistance to the full enjoyment of rights in violation of Section 707(a) of Title VII (42 U.S.C. § 2000e-6). The EEOC pointed to seven specific clauses it believed violated Title VII. EEOC v. CVS Pharm., Inc. Cmplt. ¶ 8.a.–f. (last visited Dec. 6, 2016). The EEOC contended the clauses each contained language that interfered with an employee’s right to file a charge with the EEOC or to participate in an EEOC investigation.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2016-12-08 10:50:252016-12-08 10:50:25EEOC Wants In On NLRB’s Fun: EEOC Focuses On Waivers, Releases and Arbitration Agreements
