Employment Law Blog

Whether it happens to a child on a playground or an adult in the workplace, bullying is always harmful, always wrong, and never acceptable. Taunts, teasing, threats, or intimidation are all examples of abusive behavior that can constitute bullying. Sadly, more and more American workers are subjected to workplace bullying by superiors, colleagues, and others. A 2021 survey by the Workplace Bullying Institute found that 30% of American adults reported being bullied at work (including remote work), while an additional 19% observed bullying in their workplace. That translates into 76.3 million American workers directly impacted by workplace bullying.

None of us are defined by a single trait or characteristic, and many individuals share more than one class of traits that may make them targets of legally prohibited discrimination or harassment. Indeed, as the #MeToo Movement has reminded us, perpetrators of sexual harassment may be more likely to target individuals with multiple protected traits, including people with disabilities and people of color, for abuse.

Judges are increasingly recognizing these forms of “intersectional” discrimination and harassment in cases involving plaintiffs whose claims are based on their membership in more than one protected class. 

On November 16, 2022, the U.S. House of Representatives passed the Speak Out Act, which seeks to nullify some nondisclosure agreements (NDAs) in sexual harassment and assault disputes. The Senate previously passed the bill on September 29, 2022, and President Biden indicated he would sign the measure once it reached his desk.

Given ageism's impact and prevalence, the International Bar Association (IBA) assembled a panel of international experts – including Outten & Golden's Wendi Lazar – to address the topic at its annual meeting in Miami on November 1, 2022.

The #MeToo Movement has inspired workers to engage in solidarity with colleagues experiencing sexual harassment, and many of these courageous acts entitle individuals to anti-retaliation protections under civil rights, anti-discrimination, labor, and whistleblower protection laws. While it is true that individuals targeted for abuse in the workplace bear the brunt of the dignitary harm and trauma caused by such misconduct, all employees are detrimentally impacted by sexual harassment in the workplace, as  reports prepared by an Equal Employment Opportunity Commission (EEOC) task force and by Deloitte both discuss. As such, all employees have a moral (and at times, legal) obligation to stand by our colleagues and against harassment and discrimination.

The #MeToo movement successfully challenged decades of pervasive sexual harassment in the workplace and all facets of society. Since then, the movement's impact has reverbated throughout society, changing attitudes and spurring much-needed change. Workers, consumers, and citizens involved in the movement have not only held corporations and employers accountable for enabling sexual misconduct, but have also lobbied for legal reforms to effect meaningful social change.

This October marks the fifth anniversary of the #MeToo movement. Decades of silence and tacit acceptance by employers of workplace sexual harassment were finally, loudly, and justifiably challenged. The combined courageous voices of millions of working women, building on decades of persistent activism, made clear that this abhorrent conduct would no longer be dismissed or swept under the rug. Those who engage in sexual harassment and employers allowing such acts to go unchecked and unpunished would at long last be held to account.

Starting on November 24, 2022, workers in New York who were sexually assaulted (often within the context of an employment relationship) but time-barred from pursuing a legal action will have an opportunity to seek legal redress through a civil claim.

As we previously reported earlier this year, the New York City Council passed a law requiring New York City employers with more than four employees to publish the minimum and maximum pay range for any job by May 15, 2022. While this new law was an exciting development for job seekers, many questions remained as to its application and enforcement.