Gaps in state and federal laws, as well as judicial misinterpretation, have left many of those at the greatest risk of workplace harassment without meaningful legal protections, made it difficult for survivors to hold employers and individual harassers accountable, and allowed the proliferation of employer-driven agreements that help hide the true extent of harassment and shield serial harassers f. [...] • Extend the statute of limitations for workplace harassment and discrimination claims to at least three years, so that victims dealing with the trauma and other impacts of harassment and/or the fear of reporting do not lose the opportunity to seek justice because of a short time limit. [...] • Prohibit employers from requiring employees to sign nondisclosure or nondisparagement agreements that prevent employees from speaking about harassment and discrimination in the workplace as a condition of employment, and limit the use of such clauses in settlement agreements. [...] • Require employers to regularly report to a state or local enforcement agency the number of claims, complaints, judgments, and settlements involving harassment and discrimination and the amounts paid, to alleviate secrecy around harassment and discrimination and encourage employers to implement prevention efforts proactively. [...] 52 STATE PLAYBOOK FOR GENDER JUSTICE TALKING POINTS ON THE SOLUTION • We all want to be safe and respected at work, but sex harassment holds women and LGBTQI+ people back, threatens their safety, health, and economic security and opportunities, and excludes them from public life.
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- Published in
- United States of America
Table of Contents
- ENSURE SAFE AND THRIVING WORKPLACES 1
- Amend anti-discrimination laws including laws prohibiting harassment to protect independent contractors interns graduate students and guestworkers in addition to employees. 2
- Extend the statute of limitations for workplace harassment and discrimination claims to at least three years 2
- Address the judicially created severe or pervasive liability standard for establishing a hostile 2
- Allow complete redress of the harm caused by harassment and discrimination 2
- Strengthen protections against employer retaliation 2
- Enact or strengthen laws that protect survivors who speak up about harassment 2
- Prohibit employers from requiring employees to sign nondisclosure or nondisparagement agreements 2
- Eliminate the tipped minimum wage to ensure tipped workers are entitled to the same minimum wage 2
- Require employers to regularly report to a state or local enforcement agency the number of claims complaints judgments and settlements 2
- Fully fund enforcement agencies legal services and community-based organizations 2
- We all want to be safe and respected at work 3
- Harassment is about power and control and is a product of systemic power imbalances in the workplace. 3
- Harassment harms women families businesses and the broader economy . 3