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Based on preliminary data released by the EEOC, 2018 is shaping up to be significantly more actionable and much more expensive for employers on the sex harassment front:
• In 2018, the EEOC filed 66 harassment lawsuits, 41 of which alleged sex harassment. - Compared to 2017, that's already a more than 50 percent increase in sexual harassment claims filed. - Expect those numbers to rise.
New York also Mandates Sex Harassment Training: EVERY employer in New York State must provide new hire and annual sexual harassment prevention training for ALL employees.
To help employers comply, New York state just published model policies, compliance forms, and training requirements for employers to use. See link in comment.
Training that meets state minimum standards must be done by January 1, 2019. Thereafter, employees must be trained at least annually or within 30 calendar days of starting their job, even if they were trained by prior employers and even if they're only part time, casual, or temporary.
The NLRB ruled that In-N-Out committed unfair labor practices by maintaining and enforcing a policy prohibiting pins and stickers on uniforms and by requiring an employee to remove his "Fight for $15" button advocating a higher minimum wage.
In-N-Out appealed the NLRB's decision, arguing the right to protect its public-image. The 5th Circuit didn't buy it, ruling that In-N-Out failed to show a connection between its uniform policy and the company's interests in excellent customer service and keeping a "sparkling clean" environment.
The EEOC has sued Oceanic Time Warner Cable (Spectrum) in Hawaii, claiming that customer service reps at their Mililani offices were subject to an illegal leave policy and refusals to discuss additional leave as possible accommodations for disabilities.
Once an employee exhausted FMLA leave, the Company refused to engage in the interactive process to discuss whether accommodations like additional leave could be provided. Instead, employees were uniformly told they would be discharged if they could not return to full duty.