NYS mandates that every employer to provide each employee with annual sexual harassment prevention training, as required by Labor Law §201-g, and in NYC by Local Law §96. Non-compliance not only risks severe statutory penalties and potential misdemeanor charges by the government, but also exposes your organization to substantial financial judgments in cases of workplace discrimination lawsuits.

Recent settlements in sexual harassment cases illustrate the potential financial impacts:

1. Chopourian v. Catholic Healthcare West: $168 million settlement. (Source: Zuckerman Law)
2. Sanders v. Madison Square Garden: $11.6 million settlement. (Source: Zuckerman Law)
3. USA Gymnastics v. Larry Nassar: $380 million settlement. (Source: eratics.com)
4. McDonald’s: $2 million settlement. (Source: EEOC)
5. SAVA Senior Care: $150k settlement. (Source: EEOC)
6. Chipotle: $400k settlement. (Source: EEOC)
7. Burger King: $60k settlement. (Source: EEOC)
8. D.C. Dept of Corrections: $8 million settlement. (Source: eratics.com)
9. Columbia University: $100 million settlement. (Source: New York Times)
10.  "F.M." v. Dept of Children and Family Services of LA County: $45.4 million jury award. (Source: Taylor Ring)

To mitigate your exposure, Lieb Compliance offers interdisciplinary sexual harassment prevention training. Our program is a blend of insights from social sciences and legal perspectives, ensuring comprehensive understanding and compliance. We feature engaging star presenters adept at managing sensitive topics, providing an interactive and thought-provoking experience.

Our training is available on-demand, includes a fully-developed complaint procedure, and is backed by an administration system to track compliance. This comprehensive approach ensures that your organization not only meets legal requirements but also fosters a respectful and safe workplace environment.

Don't risk non-compliance. Enroll in Lieb Compliance's NY Sexual Harassment Training today.

For more information, visit https://www.sexualharassmenttrainingny.com

In staying the OSHA vaccine mandate, the Supreme Court wrote "that the Secretary lacked authority to impose the mandate."

As the Court explained "permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization." The problem, as set forth by the Supreme Court, was that the mandate was indiscriminately applied. However, and to be CLEAR, the problem was not that it was unconstitutional, violated federalism, or anything else. 

The Supreme Court did not rule that either:

• The Federal Government cannot issue a nationwide vaccine mandate; or 
• Biden's Executive Branch cannot issue a nationwide vaccine mandate. 

In fact, the concurring opinion set it simply, "that power rests with the States and Congress, not OSHA."  

That is not to say OSHA has no power to regulate workplaces with respect to COVID. The Court carefully said OSHA does have power by writing that it was "not [] say[ing] OSHA lacks authority to regulate occupation-specific risks related to COVID–19. Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible." As such, the Supreme Court invited a new mandate to be issued by OSHA and suggested that it targets COVID researchers or risks associated with crowded / cramped environments. 

As the concurring opinion explained, this case was decided on the Major Questions Doctrine, "'[w]e expect Congress to speak clearly' if it wishes to assign to an executive agency decisions 'of vast economic and political significance.'" Here, Congress did not clearly grant OSHA the power to do make this indiscriminate mandate. 

The fact that they didn't doesn't mean that they can't. Should Congress authorize OSHA now?