Federal jurisprudence established clear guides indicating the need for employers to provide anti-harassment and discrimination training. Training has become one of the key ingredients to help employers avoid and defend accusations of sexual harassment and discrimination training in the United States.
States are stepping up this requirement. Most recently, on April 11, 2018, New York City had passed the “Stop Sexual Harassment in NYC Act” which is simply pending Mayor De Blasio’s signature to make this law. This new law requires employers of 15 or more people to provide interactive training within 90 days of their employment for the entire organization to receive this annually.
NYC’s legislation is progressive, though not alone. Other states across the country have similar types of legislation. In addition to training, some states such as New Jersey, have bills pending in their local legislatures attacking confidentiality and non-disclosure agreements in settlements of claims.
Even the federal Tax Cuts and Jobs Act took away expense deductibility for businesses when addressing claims by implementing non-disclosure agreements as part of the settlement; this applies to both settlement and attorneys’ fees.
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