Employer Law Blog

In the Tax Cuts & Jobs Act, congress in its infinite wisdom, determined to publically shame or, alternatively, financially burden companies that settle claims of sex harassment. Under the new law, taxpayers will not be allowed to take a business deduction: For any settlement or payment related to sexual harassment or sexual abuse claims if the settlement or payment is subject to a nondisclosure/confidentiality agreement; For any attorney fees related to such a settlement or payment subject to a nondisclosure/confidentiality agreement.

In a case straight from “Bad Grandpa” the Eighth Circuit Court of Appeals further confirmed an employer’s obligation to provide a work environment free of all forms of discrimination and harassment. In Chavonya Watson v. Heartland Health Laboratories, the 8th Circuit “assumed” for sake of analysis that an employer can be held liable under the Missouri Human Rights Act (“MHRA”) for harassment by a third-party who is not an employee. Ultimately, however, the 8th Circuit found that the incidents of harassments did not rise to the level of “hostile work environment” and affirmed summary judgment on behalf of the employer.

Public Act 98-1037 will take effect January 1, 2015. The Act amends the Illinois Human Rights Act (775 ILCS 5). Illinois has joined the emerging trend providing protection against sexual harassment for unpaid interns who, on January 1, will be covered under the definition of “employee” for purposes of the Act’s prohibition against sexual harassment.