Here's what employers need to heed in 2022.
No. 1: Settlement and separation agreements. Pay attention to any new settlement, employment, or severance agreements. We already know that settlement agreement provisions that restrict the disclosure of facts related to a civil or administrative claim of sexual assault or sexual harassment are prohibited. As of January 1, these agreements also cannot restrict the disclosure of facts relating to any act of workplace harassment or discrimination, failure to prevent an act of workplace harassment or discrimination, or an act of retaliation against a person for reporting or opposing harassment or discrimination. Nondisparagement agreements that have the purpose and effect of denying an employee the right to disclose information about unlawful acts in the workplace are also prohibited, and employment and separation agreements must include safe-harbor language to that effect. Finally, separation agreements have to provide the individual with a reasonable time to consider the agreement and consult an attorney, similar to what is required for a valid waiver of age discrimination claims. Settlement and severance amounts can still remain confidential.
Employer Tip: Familiarize yourself with amended Code of Civil Procedure section 1001 and Government Code section 12964.5, so you can ensure your settlement, employment, and separation agreements are compliant.
No. 2: Arbitration agreements. The attack on arbitration continues in California....
International Business Machines Corp. (IBM) will pay more than $17 million to settle allegations it violated federal anti-discrimination rules tied to government contracts, the U.S. Department of ...