Compliance Stuff

On February 25, 2026, the U.S. Court of Appeals for the Sixth Circuit  ruled  in  Bruce v. Adams and Reese, LLP  that employers cannot compel arbitration of a case under a mandatory pre-dispute arbitration agreement when an employee or former employee sues on multiple claims and at least one of them is for sexual assault and/or sexual harassment. Under the  Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) , mandatory pre-dispute arbitration agreements are invalid with respect to sexual assault or sexual harassment disputes. 0:00 6:57 Quick Hits In  Bruce v. Adams and Reese ,  LLP , a former employee sued a law firm for disability discrimination, retaliation, sexual harassment, and hostile work environment. The Sixth Circuit recently concluded that a mandatory pre-dispute arbitration agreement is voidable when a plaintiff brings multiple claims in a case that includes sexual harassment and/or sexual assault. This is ...

It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos, these sites can also be used to harass, threaten, and harm employees. Misuse of social media among coworkers can create a hostile and toxic work environment that can lead to employer liability if not addressed. In Okonowsky v. Garland , Case No. D.C. 2:21-cv-07581-VAP-AS (Jul. 25, 2024), the Ninth Circuit ruled that e mployers can be held liable for claims of hostile work environment under Title VII if an employee shares content on a personal social media account that negatively impacts the workplace. Unsurprisingly, Okonowsky aligns with recent Equal Employment Opportunity Commission (EEOC) guidance, issued April 29, that discusses the ways in which employee social media use outside of the workplace can contribute to a sexually hostile work environment. Factual B...