Affirmative Action, Discrimination and Diversity in Higher Education: Sex Discrimination & Harassment

Executive Order 1/26/22

New York Post 5/9/23

At the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.

Title VII prohibits an employer with 15 or more employees to discriminate against an employee or prospective employee because of their race/color, national origin, sex, or religion. Also prohibits sexual harassment in the workplace and prohibit employers from discriminating against an employee or prospective employee because they are pregnant. Employers are also required to treat any leave requests by pregnant employees the same as they would a disabled employee and hold open a job for an employee absent due to pregnancy for as long as they would for an employee on disability leave.

3/22/23 Limits legality of nondisclosure and non disparagement clauses in severance agreements.

Prohibits unlawful discrimination

Unlawful sex discrimination in employment

The Speak Out Act prohibits the judicial enforceability of a nondisclosure clause or nondisparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law.

Includes the Pregnant Workers Fairness Act and the PUMP for Nursing Mothers Act

A Better Balance 6/3/23

HR Dive 2/14/22

HR Dive 3/20, discussing a the case of Brennan v. Deluxe Corporation, No. 1:18-cv-02119 (D. Md. March 3, 2022).

CNN 2/13/22

American Bar Association

Hamilton County Law Library Libguide

Ohio State Bar Association

HR Dive 3/3/22