New Workplace Sexual Harassment and Discrimination Laws: Avoiding Claims in the #MeToo Era

Recent Judicial and Legislative Changes, Circuit Split on Gender Identity Protection Under Title VII

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, December 19, 2018

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will guide counsel on best practices for employers to avoid claims of sexual harassment and sex-based discrimination in the #MeToo era. The panel will review recently enacted anti-sexual harassment laws from several states, including California and New York, as well as the judicial circuit split regarding protection for transgendered individuals under Title VII.


Within weeks of #MeToo going viral, legislators across the nation were proposing a wide range of measures to address sexual harassment in the workplace. In just months from the inception of the #MeToo movement, some of these proposals became state laws that impose new and significant obligations on employers.

To date, most enacted and proposed measures focus on three essential areas: (1) prohibiting mandatory arbitration of sexual harassment disputes and waivers of employees’ rights and remedies; (2) banning nondisclosure agreements in sexual harassment settlements and in other contexts; and (3) requiring employers to adopt detailed sexual harassment policies and/or comprehensive training programs.

Counsel to employers must reevaluate not only the arbitration and nondisclosure provisions in any employment contracts, but also review and revise any sexual harassment policies and training programs. If necessary, counsel should also be prepared to attend training sessions for management and supervisory personnel to ensure compliance with any new state laws.

Employers must also be sensitive to Title VII circuit splits, particularly concerning sexual identity issues, as additional guidance may be required to avoid discrimination claims.

Listen as our distinguished panel provides best practices for complying with new state anti-sexual harassment laws, as well as navigating the circuit split on Title VII sexual identity issues. They will also provide employers’ counsel with practical guidance on analyzing employment contracts and updating workplace policies and training programs.



  1. Overview of new state laws regarding sexual harassment in the workplace
  2. Analysis of circuit split on Title VII protection of sexual identity
  3. Discussion of how these legislative changes and judicial decisions impact employers
  4. Best practices for maintaining compliance and avoiding sexual harassment and discrimination claims


The panel will review these and other important topics:

  • What new state laws have been enacted regarding sexual harassment in the workplace?
  • What is the circuit split regarding Title VII protection of sexual identity?
  • How do these legislative changes and judicial decisions affect employers?
  • What are the best practices for maintaining compliance and avoiding sexual harassment or discrimination claims?


Gefsky, Jennifer
Jennifer Gefsky

Epstein Becker & Green

Ms. Gefsky's practice covers labor and employment matters in a practical manner tailored to each client according...  |  Read More

Sholinsky, Susan
Susan Gross Sholinsky

Epstein Becker & Green

Ms. Sholinsky advises employers on all facets of the employment relationship, from pre-employment considerations and...  |  Read More

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