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Newsletter April, 2024

Netherlands: The Equal Opportunity in Employment Bill rejected in Senate

April, 2024
  • On 14 March 2023, the Dutch House of Representatives passed the "Supervision of Equal Opportunities in Recruitment and Selection Bill," which aims to address and reduce employment discrimination, especially on the basis of origin, gender, race, colour, age, religion, sexual orientation or disability.
  • On 12 March 2024, the discussion around the bill continued in the Dutch Senate, building on the plenary debate initiated on 27 February 2024.A critical vote and accompanying motions took place on26 March 2024 and and the Bill was not adopted in the Senate after a majority voted against it.

Australia: Workplace Gender Equality Agency published the first gender pay gap data

April, 2024
  • The Workplace Gender Equality Agency (WGEA) has published the first median gender pay gaps for Australian private sector employers, reflecting the Albanese Government's commitment to remedying inequities in the labour market.
  • It follows the adoption of the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023, which requires the WGEA to publish the gender pay gap of relevant employers. This aim is to promote transparency and address gender pay gaps, as we reported here
  • This reporting requirement also includes information on sexual harassment, harassment on the grounds of sex, or discrimination.

USA: Stop WOKE law enforcement blocked

April, 2024
  • In a recent decision, the Eleventh Circuit Court of Appeals addressed Florida's controversial "Stop WOKE" Act, which sought to limit mandatory employer-led training on topics deemed objectionable by the state, specifically those related to discrimination, diversity, equity, and inclusion.
  • The court's ruling struck down these provisions, emphasising the paramount importance of the First Amendment and its protections against content and viewpoint discrimination.
  • This decision reaffirms employers' right to conduct mandatory training sessions on a wide range of topics, including sensitive issues surrounding diversity and inclusion, without fear of punitive action from the state.
Newsletter March, 2024

Spain: First Social Dialogue roundtable to address equality and discrimination against LGTBI in the workplace

March, 2024
  • Spain's Ministry of Labour and Social Economy has initiated tripartite negotiations involving government, labour unions and employer organizations to implement measures for real and effective LGBTI equality in the workplace.
  • The negotiations aim to give effectiveness to Law 4/2023, which mandates companies with over 50 employees to adopt specific measures and resources for LGBTI equality, including protocols for addressing harassment or violence.

Argentina: new president issues emergency decree on labour issues

March, 2024
  • On 20 December 2023, the Argentine government introduced Decree 70/2023, aimed, among others, at reshaping the employment landscape. 
  • This reform was, however,halted. Trade unions obtained injunctions against the enforcement of the labour chapter and a partial ruling by a labour court has suspended the effects of the new law. 
  • The decision now lies with the national Supreme Court of Justice.

USA: Whistleblower Retaliation

March, 2024
  • On 8 February 2024, the U.S. Supreme Court decided on whistleblower protections under the Sarbanes-Oxley Act of 2002. 
  • The case clarifies the standards for proving retaliation against whistleblowers in publicly traded companies.
  • The Supreme Court clarified that whistleblowers are required to show that their protected activity contributed to the adverse employment action without the need to demonstrate retaliatory intent on the employer's part. 
Newsletter February, 2024

Chile: Karin law on sexual and labour harassment passed

February, 2024
  • On 5 January 2024, the Government enacted the so-called Karin Law (in honour of Karin Bolaños, a worker who tragically took her own life after falling victim to workplace harassment) against workplace harassment.
  • The law applies to all companies, regardless of size, and includes regulations relevant to the State Administration and its multiple agencies.
  • It aims to set a legal framework for a safe and healthy work environment, not only punishing workplace and sexual harassment but also preventing them with education and protocols.
Newsletter January, 2024

USA: New requirements for non-disclosure and non-disparagement provisions in New York

January, 2024
  • On 17 November 2023, the New York Governor signed Bill S4516 into law.
  • It amends Section 5-336 of the New York General Obligations Law with immediate effect and further restricts the use of nondisclosure agreements concerning the resolution of employment discrimination, harassment, and retaliation claims.
  • It applies to all agreements signed or entered into after 17 November 2023.

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