A recent decision in the Hong Kong District Court sets out the legal principles to be applied in the granting of Anonymity Orders in sexual harassment cases. In this case, a Respondent’s application to set aside an Anonymity Order in favour of the Claimant was granted, sending a clear message that anonymity in sexual harassment claims is not automatic and must be properly obtained. Background…
India recently marked the tenth anniversary of its landmark law on sexual harassment of women in the workplace (the so called ‘POSH Act’). A decade after the passage of the POSH Act, implementation and enforcement of the Act is still inadequate. The Supreme Court of India recently expressed concern over what it termed a ‘sorry state of affairs’ surrounding the implementation of the Act. It…
A new law on the prevention of sexual harassment has been passed in the UK. What do employers need to know, and what should they be doing now? The Worker Protection (Amendment of Equality Act) Act makes a significant change to the law on an employer’s obligations to protect employees from sexual harassment. Although it has been watered down compared to the original proposals, the…
The Luxembourg Court of Appeal has ruled that an employer did not breach its obligations by failing to act on sexual harassment when an employee did not report alleged incidents until she resigned. At a time when victims of sexual violence are speaking out, and making significant waves in the media and beyond (the Weinstein affair, #Metoo, Balance ton porc, etc.), the Luxembourg Court of…
The Danish government and social partners have entered into a tripartite agreement on sexual harassment to support and encourage a cultural change in this area. The Danish government and social partners have entered into a agreement on initiatives to combat sexual harassment in the workplace. Composed of 17 initiatives, the agreement will provide the necessary tools for employers to prevent and deal with sexual harassment…
Connecticut has introduced new legislation on sexual harassment in the workplace, including new policy and training requirements and additional protection for employees complaining of sexual harassment. Executive Summary In the continued fallout from the ‘#MeToo’ movement, Connecticut Governor Ned Lamont has signed new legislation imposing sweeping changes to Connecticut’s human rights law designed to reduce sexual harassment in the workplace and provide additional protections to victims of sexual harassment….
This article sets out the main obligations and potential liabilities on employers arising from New York State’s recent workplace sexual harassment legislation. Executive Summary In the fiscal year 2019 budget, the New York State Legislature passed several new laws aimed at preventing workplace sexual harassment, including banning mandatory arbitration and requiring anti-harassment policies and training. These new laws, a response to the larger social conversation…