In the midst of a national discussion regarding sexual harassment in the workplace, the laws prohibiting such egregious behavior as well as the methods of reporting and investigating related complaints have come under scrutiny. Many businesses across the country are reviewing their anti-harassment policies to become legally compliant and limit…
Smith Eibeler, LLC, on behalf of our client, Katherine Brennan, has filed an Order to Show Cause For Temporary and Preliminary Restraints against the State of New Jersey (hereinafter, the “State”), from (1) enforcing the “strict confidentiality directive” found in N.J.A.C. 4A:7-3.1(j) against Ms. Brennan and any witnesses in the EEO/AA investigation…
Most people know what sexual harassment is when they see it. Whether an employer is responsible for sexual harassment that occurs at the workplace, however, is a more complicated fact specific inquiry. It is first important to understand the definition of unlawful sexual harassment. Sexual harassment is a form of…
The #MeToo movement has brought long overdue attention to the systemic societal problems concerning workplace sexual harassment throughout the United States and the State of New Jersey. Most sexual harassment claims by a New Jersey employee are brought under the New Jersey Law Against Discrimination, a state statute. While a…
An inspiring development is taking place for victims of sexual harassment in the workplace. Employees who are subjected to sexual harassment at work have faced an increasingly prevalent barrier to getting justice: mandatory arbitration. This has meant that for many employment disputes, the courthouse doors have been closed, requiring employees…
On October 4, 2018 the Equal Employment Opportunity Commission (“EEOC”) released the preliminary report of the sexual harassment data they collected for fiscal year 2018 (ending September 30, 2018). This report shows that the #MeToo movement has had a widespread impact on reporting of sexual harassment and related workplace abuses.…
An extensive independent investigation into the Dallas Mavericks has substantiated numerous claims of sexual harassment and other serious workplace misconduct within the organization over a span of over 20 years. In response to the findings, Mavericks owner Mark Cuban has apologized to all the women involved and promised that the organization will…
A federal Court of Appeals has affirmed a jury verdict in favor of a former Costco employee in connection with her claim of a hostile work environment based upon sexual harassment by a customer. This case reaffirms that an employer can be held legally responsible for allowing a hostile work environment…
The New Jersey Appellate Division has reversed a trial court’s determination that barred an employee from pursuing punitive damages in an arbitration proceeding. While reversing the trial court’s determination concerning the issue of punitive damages, the court affirmed the trial court’s dismissal of the lawsuit by holding that the plaintiff…
New Jersey lawmakers have introduced a bill that will prohibit an employer from requiring that victims of discrimination, retaliation and harassment to keep their claims confidential as part of a settlement. Employers routinely require that non-disclosure provisions are included as a material term of any settlement agreement in cases of…