Teamwork and Group Problem-Solving

Presentation Project The Course Outline for this class requires demonstration of teamwork, research and group problem-solving. Therefore, each student is required to work as a member of a group of 2-5 students to present a report to the class. The topics for the presentation can be (1) a recent federal or state case or item of legislation related to employment law or (2) a comparison of employment law or trends of California and of another state or (3) a comparison of employment law or trends in the USA and of another country. Presentations will be done during class time in the latter part of the course. The Presentation Project consists of 3 elements: (1) the group meeting with the Instructor to review the proposed presentation [worth a maximum of 100 points – all students in the group will receive the same number of points], (2) the group presentation [worth 25 points – all students who attend will receive the points]; (2) the individual paper written by the student concerning his/her work on the presentation [worth a maximum of 25 points].

Visual aids are strongly recommended, including a either a PowerPoint slideshow to be presented in class or creating a video which can be uploaded to YouTube or another site and then shown to the class. Demonstrating the ability to create a PowerPoint presentation is part of the requirements for this class; this semester we will also permit the use of different media on a trial basis.

Other visual aids for in-class presentation could include overhead transparencies and/or handouts.

Presentations should be approximately 4-5 minutes in length for each student in the group (i.e, 8-10 minutes for a 2 person group; 12-15 minutes for a 3 person group; 16-20 minutes for a 4 person group; 20-25 minutes for a 5 person group). The presentation may not cover material that has been or will be covered in class. Students should clear their presentation topic in advance with the Instructor to insure that there is no duplication of topics with another group and the material will not be covered in class.

Additional information on presentations will be provided in a separate document and posted on BlackBoard.

Each individual member of the group is required to submit a 1-2 page paper discussing his/her contribution to the presentation and a bibliography identifying the research and source materials used (each student receives an individual score for the paper). The paper is worth a maximum of 25 points

What comes to mind when you hear the phrase “secret settlement?”

When I heard the words secret settlement, there were several cases that came to mind. Stormy Daniels, Harvey Weinstein, and Bill O’ Reilly are all examples of famous cases where nondisclosure agreements played a major role in the ensuring that all matters were to be kept private. Nondisclosure agreements are contract agreements between parties where one or both parties can’t speak about the dispute after it has been settled. “Weinstein’s legal and PR teams took aggressive measures to try to suppress these stories. These efforts likely included angry letters about the legal liability these women would face if they violated their NDAs.” The following are example of cases and sexual harassment in the workplace and a reason why Senate Bill 820 was put in place, in California.

The first example is Harvey Weinstein. He is a Hollywood executive producer and an employer who’s is a litigant in a high-profile sexual harassment case. Multiple actresses have come forward with sexual harassment allegations against the executive producer, while Weinstein’s legal and PR teams took aggressive measures to try to suppress these stories. They placed strong efforts on women about the legal liability they would face if they violated their NDAs.

Another example is Bill O’ Riley. He is a former FOX News commentator and a wealthy man who was let go from his job for being accused of paying women millions of dollars to keep quiet about sexual harassment claims. Several claims have begun to surface in the wake of the #MeToo movement and there is a reason why SB 820 has passed. Its purpose will finally bring a voice to victims who feel forced to be quiet about misconduct and abuse in the workplace, after signing an NDA.

What Senate Bill 820 is?

Senate Bill 820 is also known as the STAND ACT, Stand Together Against Non-Disclosures Act. In response to the #MeToo movement, this act was introduced to legislation to limit the efforts of preventing the testimony and revelation of factual information, related to unlawful conduct claims and sexual harassment, in the workplace.

Effective January 1, 2019, the bill made a provision in settlement agreements that prevents the disclosure against sexual offenses. Those who are wealthy have taken advantage of secret settlements to prevent victims from speaking out. “Secret settlements have been used by wealthy perpetrators to offend repeatedly with no public accountability,” Senator Leyva said. “SB 820 will finally lift the curtain of secrecy that has continued to protect these perpetrators by forcing their victims to remain silent.” This means hush money is completely thrown out the window and where confidentiality will be determined solely by the victim and not the perpetrator. As California State Senator Leyva stated: “SB 820 will not prevent people from mutually agreeing to settle, but it will simply prevent the perpetrator from requiring the victim to remain silent about the harassment as a condition of settlement.

My portion of the work done in this presentation consist of an ice breaker and the defining what the senate bill 820 is. With the aftermath of employers taking advantage of their authority this project has changed my perspective on this topic SB 820. What I found to be most interesting was that SB820 was that it protects the victims and allows settlement agreements that shield: the amount paid, the identity of the claimant, and all facts that could lead to the discovery of the claimant’s identity. Since this law is relatively new, California employers and employees will be able to articulate how this new law has affected the overall morale of the workplace. What I found disturbing about the topic is that unfortunately, this law only protects all claims entered before January 1, 2019. I learned is that an employer cannot put an employee in a compromising position and that they cannot leverage their authority to cover up misconduct.

Bibliography

https://sexualabuselawfirm.com/blog/california-bans-secret-settlements-how-senate-bill-820-will-affect-sexual-harassment-cases-in-2019/

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