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David G. Gabor, Esq. 

 David Gabor is widely recognized as an expert in the area of employment, human resources and business law. He has been called upon to proactively represent clients in litigation, the negotiation and drafting of contracts, handling compliance issues, the creation of corporate infrastructure, the drafting of policies, training of employees and leading companies towards organizational excellence. 

  

 

 

 

The Wagner Law Group

The Wagner Law Group is a nationally recognized practice in the areas of ERISA and employee benefits, trusts and estates, employment, labor and human resources,  investment management, immigration and family law.

 

Established in 1996, The Wagner Law Group is dedicated to the highest standards of integrity, excellence and thought leadership and is considered to be amongst the nation's premier ERISA and employee benefits law firms. The firm has seven offices across the country, providing unparalleled legal advice to its clients, including large, small and nonprofit corporations as well as individuals and government entities worldwide. The Wagner Law Group's 35 attorneys, senior benefits consultant and five paralegals combine many years of experience in their fields of practice with a variety of backgrounds. Seven of the attorneys are AV-rated by Martindale-Hubbell and six are Fellows of the American College of Employee Benefits Counsel, an invitation-only organization of nationally recognized employee benefits lawyers.  Seven of the firm's attorneys have been named to the prestigious Super Lawyers list for 2017, which highlights outstanding lawyers based on a rigorous selection process.

 

 

 

   

 

 

 

Contact Info

The Wagner Law Group

 

  Integrity | Excellence

  

Boston 

Tel: (617) 357-5200 

Fax: (617) 357-5250 

99 Summer Street 

13th Floor

Boston, MA 02110

 

Washington, D.C.

Tel: (202) 969-2800

 

Fax: (202) 969-2568

 800 Connecticut Avenue, N.W.

Suite 810

Washington, D.C. 20006

 

Chicago

Tel: (847) 990-9034

Fax: (847) 557-1312

190 South LaSalle Street

Suite 2100

Chicago, IL 60603

 

  

Palm Beach Gardens 

Tel: (561) 293-3590
Fax: (561) 293-3591
7108 Fairway Drive
Suite 125
Palm Beach Gardens, FL 33418

   

Tampa

Tel: (813) 603-2959

Fax: (813) 603-2961

101 East Kennedy Boulevard

Suite 2140
Tampa, FL  33602 

  

San Francisco

Tel: (415) 625-0002

Fax: (415) 358-8300

300 Montgomery Street

Suite 600

San Francisco, CA 94104

  

St. Louis

Tel: (314) 236-0065

Fax: (314) 236-5743
25 W. Moody Avenue
St. Louis, MO  63119

 

Lincoln, MA
Tel: (617) 532-8080
Fax: (617) 532-9090
55 Old Bedford Road
Lincoln, MA 01773

 

 

www.wagnerlawgroup.com

 

 

 

September 20, 2018

 

 

Employment Law Alert

 

 The Pendulum Has Swung 

in Response To #MeToo

 

 

 

  

Much has been written about the #MeToo movement over the past several months, and, justifiably, this will continue to be the case until such time as sexual harassment is no longer plaguing our society. The attention this movement has gotten has not gone unnoticed by politicians at both the state and local level, resulting in efforts to address workplace sexual harassment through legislation entering uncharted waters. 


States and cities have enacted, or are on the verge of enacting, laws that create a host of new requirements for employers. Some jurisdictions now require interactive anti-harassment training, with additional mandatory training for management-level employees. It is also expected that attorneys in jurisdictions that have not yet enacted similar legislation will likely point to the requirements in place in other jurisdictions as evidence of the minimum level of preventative measures that employers should be implementing to combat sexual harassment.

Approaching the issue from a different perspective, other legislation makes it illegal to settle workplace sexual harassment claims with a nondisclosure or confidentiality agreement. In some jurisdictions this rule is triggered once an employee has filed with a court or an administrative agency. Some state and local politicians are also pushing back on the use of arbitration clauses that prevent harassment cases from being litigated in court.

Finally, California lawmakers adopted an expansive definition of sexual harassment which provides that sexual harassment cases are "rarely appropriate for disposition on summary judgment." This will most certainly have an important impact on litigation involving workplace sexual harassment in the Golden State. We can expect to see continued legislative activity at the state and local levels designed to address workplace sexual harassment.

Next Steps: Employers must make it their business to know applicable sexual harassment laws by tracking legislation in jurisdictions where their employees work. This will help to ensure compliance with regulations that apply to training, drafting arbitration agreements, and drafting settlement agreements. It is especially important to be aware of the prohibition of nondisclosure and confidentiality agreements because that will have a profound impact on how claims are handled. In jurisdictions where nondisclosure and confidentiality agreements related to sexual harassment claim settlements are now prohibited, employers must now weigh the risk of negative publicity that may come with settling a claim that has been filed in court or with an administrative agency, and they may conclude that litigation is the only viable option. This will cause some employers to fully litigate claims that would otherwise have been resolved, because of the fear of publicity, through settlement.

While it is likely that the attention on this issue and the related legislative efforts will curb instances of workplace harassment and discrimination, it is unlikely that they will ever be completely eradicated. The best practice for employers is to ensure that they create an environment where employees are comfortable with stepping forward with concerns or claims and that they have implemented a viable process for early and satisfactory resolution. It is always good practice to head off the smaller issues before they became major and to resolve the larger ones before claims are filed in court or with governmental agencies. In the event it does become necessary to litigate a sexual harassment claim, the better the training and processes an employer has in place, the more likely that the employer will receive a favorable outcome.

If you have any questions, please feel free to contact 
David Gabor, head of The Wagner Law Group's employment law practice.

 

 

 

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This Newsletter is provided for information purposes by The Wagner Law Group to clients and others who may be interested in the subject matter, and may not be relied upon as specific legal advice.  This material is not to be construed as legal advice or legal opinions on specific facts. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.