Legal Updates

New York’s updates to #MeToo legislation are among some of the most rigorous in the country, like the recent Adult Survivor’s Act.

The State of New York has recently developed and proposed changes to their Model Sexual Harassment Prevention Policy due to feedback from workers, employers and the public, according to the governing website.

Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority. The bill previously passed the U.S. Senate in September and President Biden signed it into law on December 7, 2022.

On Wednesday the United States House voted to pass the Speak Out Act aimed to restore the voices of victims of sexual harassment and assault. The law technically allows employees to talk about their experiences with harassment or assault at work by invalidating nondisclosure agreements that force workers to remain silent in these cases.

The Chicago City Council has created new employer obligations to provide training to employees and supervisors on sexual harassment prevention and how bystanders should respond to sexual harassment.

The Senate approved legislation banning the practice of using clauses in employment contracts that force victims of sexual assault and harassment to pursue their cases in forced arbitration, which shields accused perpetrators.

A recently adopted California law, SB 331, expands existing restrictions on the use of non-disclosure provisions in employee agreements, moving beyond sexual harassment to also include other forms of harassment prohibited by law—a further reminder of the importance of employee harassment prevention training. Such training can help to head off harassment from arising in the workplace, protecting both organizations and employees and avoiding the need for major legal battles.