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Managing the Modern Workplace
V&E International Labor & Employment Resources

Responding to #MeToo Part II: When the Alleged Harasser is in Charge

Continuing our discussion of #MeToo, Grace Ho, Counsel in our Employment, Labor & OSHA practice, addresses some key points companies should consider when there are allegations of harassment involving an executive or other high-level employee. Who should conduct the investigation and how will communications be handled? Grace further discusses the importance of proactively reviewing all employment agreements so that the company has sufficient flexibility in its response to potential harassment allegations.  

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Responding to #MeToo Part I: Building an Effective Anti-harassment Training Program

The #MeToo movement presents unique challenges not only for human resources managers and general counsel, but also for boards that are increasingly recognizing the reputational damage that can be caused by workplace complaints. What is the best way to prevent workplace harassment from happening in the first place? In this video, Chris Bacon, describes three fundamental components of all effective anti-harassment training programs: they have support from upper management, are structured to be interactive, and promote empathy as a way of discouraging people from feeling threatened by corporate diversity efforts. 

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  • 19
  • April
  • 2018

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Title VII Protection for Transgender Status and Sexual Orientation

Several circuit courts — including, most recently, the Second Circuit in Zarda v. Altitude Express, Inc. — have decided whether sexual orientation and transgender status are protected characteristics under Title VII (we discussed one of those decisions here). Courts in our neck of the woods, however, have offered little guidance in this area so far. Although the Fifth Circuit (covering Texas, Louisiana, and Mississippi) has yet to weigh in on these issues, a Texas federal court recently issued the first decision in the state indicating that sexual orientation may be protected (Title VII’s applicability to transgender status has been considered by at least one Texas court to date).

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Robert Sheppard

Robert Sheppard Associate