The Settlement of Harassment Claims in the #MeToo Era

The Settlement of Harassment Claims in the #MeToo Era

Credit: bdstudio/

The #MeToo movement involves a hashtag that has been utilized widely on social media in an attempt to demonstrate the widespread prevalence of sexual harassment and assault. In the past year, the #MeToo movement has had a profound impact on many aspects of U.S. society. Without question, it has raised the national consciousness concerning sexual violence and harassment in the workplace. But, of special interest to lawyers, it has also called into question the processes and practices that many believe have allowed serious allegations to go unreported and unaddressed. One of them is the established practice of using nondisclosure provisions in settlement agreements, provisions that promote settlement but effectively shield allegations of wrongdoing from further scrutiny. In response to the movement’s claim that such provisions provide cover to serial abusers, federal and state lawmakers have passed or proposed laws aimed at prohibiting or discouraging their use.

In particular, the federal Tax Cuts and Jobs Acts (TCJA) added a new section to the Internal Revenue Code (the “Code”) in an obvious effort to discourage the use of nondisclosure agreements (“NDAs”). Very recently, the state of Washington passed a law limiting the use of NDAs. In addition, there are bills pending in California, Pennsylvania, New York and New Jersey that would impact the settlement of sexual harassment claims. This article will review the proposed bill in New Jersey, summarize the federal law and Washington’s new law, and offer suggestions for practitioners.

Proposed Law in NJ Would Impact Settlement of Many Employment-Related Claims

If a bill pending in the New Jersey Legislature becomes law, it will declare that any provision in any employment contract that waives a substantive or procedural right or remedy relating to a claim of discrimination, retaliation or harassment, is unenforceable and…

Article source

Top ten list of stuff to buy for militant Feminists and Social Justice Warriors!

SaleBestseller No. 1Bestseller No. 1Bestseller No. 1
Bestseller No. 2Bestseller No. 2Bestseller No. 2
Social Justice Warrior Distressed Activism T-Shirt
  • If you always stand up for what you believe in, let the world know you're a social justice warrior that fights for what's right and isn't afraid to challenge the status quo
  • Fit: Slim (consider ordering a larger size for a looser fit)
  • Proudly announce your status as a social justice warrior by wearing this tee to political rallies, political marches, activist events, bars, parties, barbecues, school, community...
Bestseller No. 3Bestseller No. 3Bestseller No. 3
Bestseller No. 4Bestseller No. 4Bestseller No. 4
Social Justice Warrior Shield Distressed T Shirt
  • Great gift for protestors and activists. Wear on voting day, to a political protest, or your next rally. Let's make change.
  • Social Justice Warrior, SJW shirt, Resist, anti-trump, democrat, republican, register to vote, human rights, inequality t-shirt.
  • Lightweight, Classic fit, Double-needle sleeve and bottom hem
Bestseller No. 5Bestseller No. 5Bestseller No. 5
The New Church Ladies: The Extremely Uptight World of "Social Justice"
  • Jim Goad
  • Obnoxious Books
  • Edition no. 1 (02/13/2017)
Bestseller No. 6Bestseller No. 6Bestseller No. 6
Social Justice Warrior T-Shirt || Pro Social Justice
  • Are you a proud social justice warrior? Let everyone you pass know that you're not ashamed to stand for social justice.
  • Lightweight, Classic fit, Double-needle sleeve and bottom hem
Bestseller No. 7Bestseller No. 7Bestseller No. 7
Bestseller No. 8Bestseller No. 8Bestseller No. 8
LookHUMAN Social Justice Warlock White/Black Medium Mens/Unisex Baseball Tee
  • Our unisex baseball tee features 3/4 length sleeves and is made from a lightweight blend of 52% cotton and 48% polyester. Printed in the USA.
  • ATTENTION: All LookHuman products are original designs, created by humans on our design team. Sellers with similar designs at lower prices are not affiliated with LookHuman, nor...
  • For amazing products and great customer service, please make sure you choose "LookHuman" as the seller. Our items are printed in the USA.
Bestseller No. 9Bestseller No. 9Bestseller No. 9
Anti SJW Field Manual: A Guide for Navigating the Rabbit Hole of Progressive Logic and Fighting Back against the PsyOps of the Left
  • Zeno Goldblum
  • CreateSpace Independent Publishing Platform
  • Edition no. Preliminary Edition (09/08/2018)
Bestseller No. 10Bestseller No. 10Bestseller No. 10
Pepe's SJW Adult Coloring Book
  • K Schroeder
  • CreateSpace Independent Publishing Platform
  • Paperback: 78 pages

Last update on 2019-04-21 / Affiliate links / Images from Amazon Product Advertising API

Close Menu