In 2018, California passed numerous pieces of legislation in response to the #MeToo movement that expanded the obligations of employers to provide sexual harassment prevention training. SB 1343 is one such piece of legislation that went into effect this year and requires that all California employers with five or more employees provide at least two
Sexual Overperception Bias and Workplace Harassment
Humans are not unbiased observers and decision makers. I’m not talking here about prejudice based on protected categories. I’m talking more generally about systemic flaws in how our brains interpret and act upon information. Take for example the Ebbinghaus Illusion. There are two red circles in the image below. While people consistently see the left
Litigating Sex Harassment in the #MeToo Era
The #MeToo movement started more than a year and a half ago. Somewhat surprisingly, the number of sexual harassment cases filed has not increased significantly. However, we’ve seen significant changes in how those cases get handled and resolved. For one thing, more claims get resolved before litigation gets filed. Employers who want to avoid
Valentine’s Day Considerations for the #MeToo Era
I’ve been doing a lot of harassment prevention training lately.
One reason is because it is an odd year (2019), and the requirement to train managers & supervisors started in 2005, so many California businesses are on an odd year cycle for in-person training (with online options in between).
Another reason is that such training
New Year, New Employment Issues
As the new year begins and I trade my ski boots for my office heels, I’m committed to getting organized for 2019. Specifically, I have compiled a list of issues to keep on my radar for the upcoming year, and I thought I would share them.
1) Keeping up with Local Developments- Though California municipalities,
New California Employment Laws for 2019
It’s that time of year again. Time for holiday parties, ugly sweaters, and summaries of legal developments.
The #MeToo movement has resulted in a slew of new bills addressing sexual harassment in the workplace. They include:
- Assembly Bill (AB) 3109 prohibits language in contracts or settlement agreements that bars anyone from testifying in administrative,
Holiday Party Tips for the #MeToo Era
The trend is to move away from holiday parties. Some companies are opting for a family picnic in the summer instead, or a party in January after the holiday season is over. If your company is still planning a holiday party this season, given the heightened attention to harassment issues, here are some tips to
CA Enacts New Anti-Harassment Laws in Response to #MeToo Movement
No lazy Sunday for Governor Jerry Brown! Today he signed four new bills into law, taking major steps to combat sexual harassment in the wake of the #MeToo and #TimesUp movements. Here is a brief overview of the new laws and what they mean for California employers:
- Senate Bill 820 prohibits non-disclosure provisions in settlement
Remember When Koko the Gorilla Was Accused of Sexual Harassment?
Whenever a celebrity dies, everyone glorifies their accomplishments. So the eulogies for Koko the talking gorilla aren’t surprising in the least. But those eulogies tend to overlook that Koko’s many accomplishments include having been the first gorilla to be accused of sexual harassment.
As we explained in the story linked to above, two women
The Role of “Due Process” in Workplace Investigations
Over the past few months, I have read blogs and opinion columns about whether alleged sexual harassers have been proclaimed guilty by their employers and the media without due process. That is, are companies rushing to fire bad actors in the wake of the “me too” movement unfairly?
Some accused harassers are taking a play