In the wake of the #MeToo movement, many West Coast states passed laws that encouraged employees to freely discuss workplace sexual harassment and forbid employers from stopping this speech. These laws typically focus on confidentiality, non-disparagement, separation, settlement, and arbitration agreements. But some laws are so broad that they may lead to unintended consequences, and worse yet, result in significant monetary penalties and damages. The trend that began with Washington state's Silenced No More law has now spread to 14 states, with two more states considering bills. Congress also joined the trend by passing bi-partisan legislation limiting arbitration agreements. Against this backdrop, employers must now know what not to say.
Washington state passed its Silenced No More Act in 2018. See Lane Powell's previous legal updates found here and here. In 2019, California followed suit. See our previous legal update here. Later that year, Oregon passed its Workplace Fairness law. Legislatures in Hawai?i, Illinois, Louisiana, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Tennessee, Vermont, and Virginia have also passed legislation. On a national level, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This law amended the Federal Arbitration Act to void arbitration agreements and joint action waivers that purport to apply to claims of sexual assault and harassment. See our...
Getting your Trinity Audio player ready... Attorney General Fitch announced, along with 39 other states and the federal government, that an agreement with Abbott Laboratories (Abbott) to ...