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It was only a few years ago that the phrases “unconscious bias” or “implicit bias” started making the rounds in the legal community. I can trace the discussion on this blog to a 2014 guest post from a former law professor of mine, Kim Norwood, who talked about it in the context of her own experiences here.  I also talked about it in the context of a 2014 study that showed that married men with stay-at-home wives had negative attitudes towards working women.   Implicit bias has gained steam over the last several years. Indeed, Professor Norwood came to our firm in 2015 to give a presentation on The Mischief Biases Play in Law and the Legal Profession.  Suffice to say, it was well received and she was asked back again for a further presentation. All of this is a precursor to what I think may be the biggest development thus far in the mainstreaming of the “implicit bias” theory and training. Earlier this week, Starbucks announced that it w...

The 2018 session of the General Assembly started last week and increasing workplace training is a top priority for passage. Indeed, it is not surprising that we’re starting to see the first proposed legislation to address the number of harassment claims that have been making headlines the last six months. Governor’s Bill 5043 sets up the following changes: First, it would increase the number of employers that need to provide anti-harassment training — resetting the number of employees needed to fall under the statute from 50 to 15. Second, the bill would also require  all employees (not just supervisors and managers) to undergo two hours of what it calls “awareness and anti-harassment compliance training” and have that training updated every five years. The training that now is just focused on sexual harassment prevention in the workplace, but would also be expanded to include all types of harassment—including that based on race, color, religiou...

In trying to eliminate sexual harassment in the workplace, how do we go beyond just training? That is, in essence, the question that my colleagues (Jarad Lucan and Ashley Marshall) and I have been talking about recently. And, fortunately for you, a topic of a free CLE webinar we are putting on a few weeks.  It’s set for February 13th at 12 p.m. What we are really looking at is how do you get your company culture and actions in line to try to reduce and eradicate sexual harassment from your workplace? It does not, obviously, happen overnight.  Perhaps it’s revising your policies. Perhaps it’s adding an ombudsman program if you’re large enough. Or perhaps it involves encouragement of employee complaints so that you can tackle the issue more directly. There is no one size fits all to this but it’s an important enough topic (naturally) that we wanted to devote a CLE webinar just to this. Hope you can join us for this timely topic. The post Beyond Trai...

After a break for the holidays, my long-running discussion with Nina Pirrotti, an employee-side attorney , returns. Nina is a partner at the law firm of Garrison, Levin-Epstein, Fitzgerald and Pirrotti, where she represents employees in all types of matters.  She’s a past-President of the Connecticut Employment Lawyers Association, a current member of the Executive Board of NELA, and a frequent presenter on employment law topics. In one of our prior discussions last year, we talked about whether we were seeing the beginning of a trend of sexual harassment matters after the Fox News scandals.  Now, after the last few months, we revisit the topic further to see where we are.  Let us know what you think about posts like this in the comments below.     Nina: A warm hello to my management lawyer friend!  I could not think of a more opportune time to re-kindle our dialogue about sexual harassment.  For me, having Time Magazine name its P...

In yesterday’s post, I talked about the basics of what is and is not “sexual harassment”. Continuing the theme of going back to the basics, employers in the Constitution State have certain posting and training requirements that must be followed. These requirements are found in the administrative regulations set up by the CHRO regarding sexual harassment prevention. I first detailed these in a post WAY back in October 2007 (!) but they remain just as important today as ten years ago. For posting : All employers who have 3 or more employees must provide notices that say sexual harassment is illegal and address what the remedies are for such harassment. But here’s a free shortcut: The CHRO has prepared a model poster that complies with the statute and is free to download.  You can do so here.  It’s a good time to remind employers too that employers should also update their “Discrimination is Illegal” poster also offered by the CHRO....

With a new wave of sex harassment complaints making headlines, there is also a bit of reflection that should happen at workplaces and the lawfirms that counsel them. One area that we can evaluate is whether the training that is provided is effective. A report yesterday from NPR concluded that training is just not working at many workplaces.  The primary reason most harassment training fails is that both managers and workers regard it as a pro forma exercise aimed at limiting the employer’s legal liability. For those of us who have been paying attention, this isn’t new.  I know that for the trainings I give, I try to have them be engaging with discussions of different fact scenarios being discussed. But I’ve wondered whether we could be doing more. Indeed, the EEOC issued a report last year highlighting the problems with existing training programs. In its executive summary, it noted two big issues with the current model of training: “ Training Must Chang...

Earlier this week, it seemed that a bill requiring employers to conduct additional training on sexual harassment matters was a no-brainer to pass the General Assembly. After all, Senate Bill 132 passed 31-5 in the state Senate and in this #metoo environment (not to mention local elections in the fall), the House looked to be a near certainty. But a lot can happen in a few days, and some of the bill’s more controversial provisions were simply too much for the bill to overcome. Thus, employers do not yet have to worry about the new training requirements and changes to the state’s anti-discrimination laws. That said, employers still need to follow existing state law regarding training of supervisors (if applicable) and should still exercise caution in dealing with cases of harassment. One bill that did receive passage late last night was Senate Bill 175, which I haven’t talked much about. That bill makes a number of changes to  government and quasi-public agencies. ...

The results are in: The General Assembly and the Governor’s office have been caught up in the Blue Wave in this state.  Instead of a split, the Democratic party will control a sizable majority in both houses and the Governor’s Office. But with Governor-Elect Ned Lamont coming from a business-side perspective and touting the need to grow business in Connecticut, what are we likely to see in the next legislative session? Already legislative leaders are talking about a push for a series of progressive-leaning bills that have been held up the last few years. The CT Mirror has this initial report: A day after Connecticut experienced its own blue wave in the midterm elections, Senate and House Democratic leaders said addressing a minimum wage increase, tolls, and paid family medical leave will likely be among the top priorities the majority takes on in the upcoming legislative session. Yes, two out of the three items cited are big employment law topics. Indeed, paid family le...

If April Showers bring May…Oh never mind. In Connecticut, April might as well mean that the General Assembly is getting serious about the bills under consideration.  All the proposals that make headlines in February mean nothing until committees start to vote on the bills and the bills start getting the spotlight on them. Usually by now, we start to see a significant fall off between aspirational goals and practical bills. Not this year. Right now, however, it feels like there is still so much in play.  Things are changing rapidly so it doesn’t make a lot of sense to look at each bill individually.  But beyond the Paid FMLA and the Minimum Wage bills that have gotten the most press, there are still several others that are worth following. SHB 6913 would make massive changes to the state’s non-compete laws. The current version would limit non-competes to one year unless special circumstances would apply. Non-competes would also be unenforceable if the em...

Readers of the blog will no doubt know that it’s been far too long since I had Nina Pirrotti on the blog for a conversation about employment law topics. Excuses abound, but Nina — who mainly represents individuals in employment-related disputes — recently penned a piece for the Connecticut Law Tribune that is too good to let more time pass. So, knowing still that titling a piece a “Dialogue” while just offering up a link to her piece is less than ideal, it’s important that we move beyond labels to get at the heart of sexual harassment issues remaining in the workplace. Nina suggests that there are still far too many employers that have chosen to “bury their heads in the sand rather than confront the harassers who line their pockets.” You can disagree about the scope of the issue but the underlying premise is sound — sexual harassment remains a scourge of the workplace for too many. What are some of her tips for employers? C...

The so-called “Time’s Up” bill that would make major changes to the sexual harassment and discrimination laws in the state — including adding new training requirements — went through final passage at the House on Saturday.  But don’t start changing your policies just yet. Various news outlets are reporting that a “fix” bill — that is, a bill that will make changes to the original bill — is set to be released today (Monday).  The backers are trying to find another bill — a “vehicle” — where these fixes can be added on to. What’s going to be changed? As of early Monday morning, it’s still unclear.  However, if you want a recap of what’s already passed, see my prior post here. Regardless, the bill that has already passed will require employers to give all employees at least two hours of sexual harassment prevention training; the CHRO will be tasked with coming up with a vide...

Senate Bill 3, titled “Combatting Sexual Assault and Sexual Harassment” has been modified since first introduced and passed the Senate late last week.  Despite the title, the bill would impact every discrimination case filed in the state and would make significant changes to the sexual harassment prevention training requirements. It is awaiting a vote in the House and now’s the time for employers to see the major changes being proposed. Let’s wait to see what final passage looks like but as it stands right now, here are the key changes: The bill expands sexual harassment prevention training to cover all employers who have supervisors and non-supervisors for employers with 3 or more employees.  The CHRO is to develop free, online training that employers can use.  Training must be updated every ten years by employers. Employers will be required to send a copy of a Sexual Harassment Policy via e-mail to its employees or post on its website if employe...

As the dust continues to settle from the General Assembly, bills that didn’t get a lot of press beforehand are continuing to come into the light. One of them is new Public Act 19-95, which was just signed by Governor Lamont yesterday. The bill treats being a member of the “Civil Air Patrol” as a new protected class and prohibits an employer from discriminating against an employee because the employee is absent from work responding to some emergencies or training as a civil air patrol member. And how is the Civil Air Patrol defined? It’s defined as the civilian auxiliary of the U.S. Air Force.  There are approximately 61,000 youth and adult members of the CAP nationwide, according to the most recent statistics, though 26,000 of them are cadet members between the ages of 12 and 20. But before employers start to wonder if they have a lot of employees working for them in the Civil Air Patrol – the answer is probably not.  In Connecticut, only 365 peop...

At the stroke of midnight last night, the 2019 General Assembly came to a close. I think it’s fair to say that 2019 will go down in history not for the number of bills impacting employers, but for the breadth of the few that passed. I’ve recapped the bills in some prior posts, but here’s what employers need to know (thus far) about this legislative session. MINIMUM WAGE The Governor has already signed the biggest increase to minimum wage we’ve seen in many years. The new schedule is as follows: $11.00 on October 1, 2019 $12.00 on September 1, 2020 $13.00 on August 1, 2021 $14.00 on July 1, 2022 $15.00 on June 1, 2023 And understand that there will be future increases automatically after that time.  The state did not make changes to the tip credit but did make changes to training wages. My full post about it is here.  PAID FMLA Starting January 1, 2022, the state’s FMLA law is being expanded significantly in several ways. First, it will apply ...

Just wrapped up a trial so hoping to get these blog posts with a little more frequency. On October 1, 2019, the new training requirements on sexual harassment prevention became effective. I’ve recapped them before here in my “Definitive Employer Guide to Connecticut’s New Anti-Sexual Harassment Law” post from June. I noted then that all employers with three or more employees must train  all of their employees by October 1, 2020 (or within six months of hire, after that time). How is an employer going to do that at a minimal cost? Well, the Commission on Human Rights and Opportunities (CHRO) was required to develop a free, online training course for employers. That training is now live and is, in fact, free! You can access it here. I’ve taken a brief look through it and it’s set up with several different YouTube videos and some written materials as well.  While there is no substitute for in-person, classroom-style training, the CHR...

California Governor Gavin Newsom just signed a new batch of worker-friendly laws sponsored by Democrats in the California Assembly and Senate.  These laws cover a range of topics from arbitration agreements to workplace safety. AB 51 will garner particular attention because not only does it substantially prohibit arbitration agreements, it criminalizes them.  The new law applies to contracts for employment entered into after January 1, 2020.  It precludes requiring an applicant or employee, “as a condition of employment, continued employment or receipt of any employment-related benefit . . . to waive any right, forum or procedure” for any claim arising under California’s Labor Code and its Fair Employment and Housing Act.  The lawmakers anticipated that employers might try to sidestep this law by including an opt-out provision in otherwise mandatory arbitration programs.  To that end, the law also provides that “an agreement that requires...

On 25 September, we were joined at our London office by clients and contacts for a discussion on sexual harassment in the workplace, in particular the proposals set out by the UK government in its consultation document. The event was a great success and we are grateful to our panel of high profile speakers for sharing their experiences and insights on this topic. As well as sharing views on the government’s proposals, we also discussed the practical steps that companies could be taking now to prevent and respond effectively to sexual harassment in the workplace. Suggestions included: Policies and procedures – yes, we all know that employers should have guidance in place so that employees are clear about the standards of behaviour expected of them in the workplace. There should also be clear policies in place so that staff know what to do if they have been sexually harassed at work. But when was the last time you reviewed and updated these policies and/or reminded your staff...

Here is a quick glimpse behind the scenes of parliamentary process – some highlights from the Parliamentary Treasury Committee meeting yesterday when officials from HMRC were quizzed by the Committee about the Coronavirus Job Retention Scheme, plus some thoughts of our own in bold. The new scheme will be up and running on 20 April to allow HMRC to make payments before 30 April.    There have been rumours of delays but there was no sign of that at the meeting. If ever there was a time for a spot of judicious expectation management, surely that would have been it, so we must assume that HMRC is pretty gung-ho about this. After all, given the background of the government’s record with major IT projects, nothing can go wrong . HMRC has been doing large-scale testing to ensure the scheme will be able to cope with the large volume of claims that is expected.  It wants employers to be able to “self-serve” so that they don’t need to contact HMRC once...