What is the Difference Between Sexual Harassment and Sexual Assault in the Workplace?
Sexual harassment in the workplace describes unwelcome sexual behavior that negatively impacts an employee’s ability to do their job or otherwise creates a hostile work environment. Similarly, but distinctly, sexual assault occurs when one is subjected to unwelcome touching of a sexual nature. Both forms of sexual misconduct are prohibited acts that constitute sex discrimination under federal employment laws. Unlike other types of sexual harassment, sexual assault is specifically defined by the criminal codes of each state and can be …
Read More »
Which States in the U.S Require Sexual Harassment Training in the Workplace 2022?
Twenty-two states require some form of sexual harassment training for employees. A few states dictate the nature of the training, mandating online or interactive training. The states differ in the scope of laws. Some states require training of only private sector employees, while others mandate all, or a subgroup, of public sector employees to be trained. While California and New York require training for all employers, other states require training only by employers with a prescribed minimum number of employees. …
Read More »
Ending Mandatory Arbitrations in Sexual Assault and Harassment Lawsuits
On March 3, 2022, President Biden signed The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” into law. That Act adds Chapter 4 to the Federal Arbitration Act providing in relevant part: “[A]t the election of the person alleging conduct constituting a sexual harassment dispute or a sexual assault dispute. . . no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which was under Federal, Tribal, or …
Read More »
Workplace Sexual Harassment Post-Covid
Workplace sexual harassment of employees is an awful and unfortunately commonplace situation that can damage people in many ways. An Equal Employment Opportunity Commission (EEOC) study found that anywhere from 25-85% of women have experienced sexual harassment in the workplace. For a variety of reasons, that study also found that 75% of workplace harassment incidents go unreported. Workplace sexual harassment certainly did not vanish when many jobs went remote at the onset of the Covid pandemic (as we note below, …
Read More »
Listen to Laura Noble defend victims of sexual harassment and rape on Smerconish today (11/2/2017)
On the disturbing new topic of “Weinsteining”, Laura Noble makes it clear that “Sexual harassment is legally defined. It is not a wink or a one-off flirt. It has to be either severe or pervasive.” Sexual harassment victims are often not taken seriously by HR, are often demoted, professionally side-lined or fired. As an attorney that represents victims of sexual harassment and assault, Laura Noble warns that “Weinsteining” may actually highlight the potential for creating an atmosphere that “makes women …
Read More »
Sexual Harassment: 10 Things You May Not Know
About the Author Laura Noble is an Employment Attorney and Managing Partner of The Noble Law Firm, with offices in Raleigh, Chapel Hill and Charlotte. NC. She is a former Assistant District Attorney in Brooklyn and has defended victims of sexual harassment and rape in the workplace. Laura Noble is available as to serve as legal expert on workplace sexual harassment issues to local and national media outlets. OVERVIEW I’m an employment attorney, and I represent people, mostly women[1], who …
Read More »