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ABA Passes Resolution Updating Sex Harassment Prevention Practices

By Daniel Schwartz on February 11, 2018
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Last week, I had the opportunity to again represent Connecticut as the State Delegate for the American Bar Association’s House of Delegates at the Vancouver ABA Midyear Meeting.

Among the resolutions debated was Resolution 302 which “urges all employers, and specifically all employers in the legal profession, to adopt and enforce policies and procedures that prohibit, prevent, and promptly redress harassment and retaliation based on sex, gender, gender identity, sexual orientation, and the intersectionality of sex with race and/or ethnicity.”

Although it lacks some of the specificity found in “best practices” that I’ve highlighted elsewhere, it does establish some basics for employers to use.  Some should be well known but they are worth reiterating.

What are some of the policies and procedures should have?  For example:

  • dissemination to all employees, management and directors of a clear statement that harassment, including harassment based on sex, gender, gender identity, sexual orientation, and the intersectionality of sex with race and/or ethnicity will not be tolerated;
  • confirmation that the policy applies to conduct by directors, officers, management at all levels, supervisors, employees, and third parties, at or in connection with any work related function or against anyone protected by this policy irrespective of where that conduct occurs.

For more on the ABA resolution, check out this article from the ABA Journal from last week as well.

Kudos to the ABA for taking a timely stand and to my other delegates from Connecticut at the Vancouver meeting including Austin Berescik-Johns, Livia Barndollar, Linda Randell, Barry Hawkins, Steve Curley, Karen DeMeola and Judge Alvin W. Thompson for their contributions as well.

If you have any questions on what else occurred at the ABA meeting, please feel free to send me an e-mail at the contact link above.

Photo of Daniel Schwartz Daniel Schwartz

Dan represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. He has extensive trial and litigation experience in both federal and state courts in a variety of areas…

Dan represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. He has extensive trial and litigation experience in both federal and state courts in a variety of areas, including commercial litigation and trade secret enforcement. Dan is the author of the independent Connecticut Employment Law Blog. The blog discusses new and noteworthy events in labor and employment law on a daily basis.

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  • Posted in:
    Ethics & Professional Responsibility
  • Blog:
    Connecticut Employment Law Blog
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

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