In a recent decision, the U.S. Second Circuit Court of Appeals, the federal appeals court covering New York and adjacent states, sought to clarify the federal law standard for evaluating retaliation claims under the principal anti-discrimination statutes including, Title VII, the ADEA and the Reconstruction Era Civil Rights Act. Significantly, the court found that such retaliation claims are evaluated under a separate, more expansive standard than substantive discrimination (including hostile work environment) claims.

Read More >> Second Circuit Clarifies Federal Law on Employment Retaliation Claims

Today, an employee shares joyous news and says, “I’m expecting and due in 20 weeks!” You respond with congratulations, but then start thinking about all the new pregnancy-related legal protections you must comply with. Look no further, here are some highlights on what to expect when your employee is expecting…and beyond.

Read More >> What to Expect When Your Employee is Expecting…and Beyond!

As an avid, albeit misguided, reader of breaking news alerts, I am increasingly feeling like the narrator in the old Tom Petty song, “Jammin Me.” If you are like me and are feeling truly exhausted from the daily bombardment of bad news on all fronts, any distraction can be of welcome relief, particularly when that distraction involves “man’s best friend” – dogs.

Now, before we go any further, a couple of disclaimers are in order: I have had dogs as pets my whole life, I view dogs as family members, I enjoy quoting one of my daughter’s theology professors who is keen to point out what the word dog spelled backwards reveals, and I will almost invariably take the side of a dog in a litigated controversy.

This brings us to the June 23, 2023 decision in the case of Meyer v. City of Chehalis, Case No. 3:22 -cv-05008 (W.D. Washington). In Meyers, a firefighter brought a lawsuit under the Americans with Disabilities Act (ADA) and the Washington Law Against Discrimination alleging that he was denied a reasonable accommodation in the form of a service dog to help him with his post-traumatic stress disorder.

Read More >> A Case Worthy of Ushering in the Dog Days of Summer

May 30, 2023 – UPDATE: On May 26, NYC Mayor Adams signed this bill into law, and it will go into effect 180 days later, on Nov. 22, 2023. Please feel free to reach out for steps your organization can take now to begin preparing.

On May 11, 2023, the New York City Council passed a bill which would prohibit height and weight discrimination within employment, housing and public accommodations under the New York City Human Rights Law (NYCHRL). As of this writing, the bill has been sent to Mayor Eric Adams for signature, who has 30 days to either sign the bill, take no action or veto it. If the mayor signs or takes no action, the bill becomes law and would take effect 180 days thereafter. In the event of a veto, the bill is sent back to the Council, which can override the veto with a two-thirds vote.

Read More >> NYC Council Passes Bill to Prohibit Height, Weight Discrimination

The Office of Federal Contract Compliance Programs (OFCCP) approved the use of a revised voluntary self-identification of disability form (Form CC-305) on April 25, 2023.

The recently released form includes updated language and additional examples of disabilities. Federal contractors and subcontractors have until July 25, 2023 to implement the new form into their applicant and employee systems and processes. Contractors are required to use this form in order to be in compliance with Section 503 of the Rehabilitation Act of 1973 and its implementing regulations.

Read More >> OFCCP Issues Updated Voluntary Self-Identification of Disability Form

On Jan. 13, 2023, Onondaga County Supreme Court Justice, Hon. Gerard J. Neri, struck down a regulation adopted by the New York State Department of Health (NYSDOH) – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19.[1] Judge Neri invalidated the Regulation on several grounds, holding that the NYSDOH exceeded its authority in implementing the Regulation and that the Regulation lacked a rational basis given the NYSDOH’s acknowledgement that the mandate does not prevent transmission.[2]

Read More >> Update Regarding New York’s Healthcare Vaccine Mandate

On Nov. 21, 2022 New York Governor Kathy Hochul signed a Bill A8092-B/S1958 into law that expands retaliatory workplace protections for employees. The newly signed law amends New York Labor Law (NYLL) Section 215 to prohibit an employer from punishing or disciplining an employee who takes time off work for a “lawful absence” protected by federal, state or local law.

Read More >> New York Expands Retaliatory Workplace Safeguards for Protected Leave

Changes are on the horizon for Albany County after the county Legislature passed several laws in October, including legislation meant to provide greater salary transparency for job seekers. Local Law “E,” sponsored by Albany Democrat Carolyn McLaughlin, requires county employers to post the minimum and maximum salary range when advertising an open position, promotion or transfer. Adopted on Oct. 11, 2022, this law amends Local Law No. 1 for 2013, “An Omnibus Human Rights Law for Albany County” and is set to go into effect 90 days after being signed by the Albany County executive. 

Read More >> Albany County Salary Transparency Law

Late last year, the New York City Council passed Local Law 144, which regulates employers and employment agencies’ use of “automated employment decision tools,” (AEDT), in making employment decisions. This new law is set to take effect on Jan. 1, 2023. In summary, the new law prohibits an employer or employment agency from using automated employment decision tools in making employment decisions unless, prior to using the tool, the following requirements are met: (1) the tool has been subject to a bias audit within the last year; and (2) a summary of the results of the most recent bias audit and distribution data for the tool have been made publicly available on the employer or employment agency’s website. Please see our prior blog post for a more thorough summary of the law.

Read More >> Updates on NYC AI Employment-Decision Tools

On June 24, 2022, in Dobbs v. Jackson Women’s Health Org., 2022 WL 2276808 (June 24, 2022), the U.S. Supreme Court overruled Roe v. Wade 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey 505 U.S. 833 (1992) and held that (i) the U.S. Constitution does not confer a right to abortion and (ii) the authority to regulate abortion is held by the states. The statute at issue in Dobbs was Mississippi’s Gestational Age Act, which banned abortion after 15 weeks except in a medical emergency or in the case of severe fetal abnormality. Employers across the nation must now determine how to evaluate and respond to the far-reaching implications of this decision.

Read More >> The Demise of Roe v. Wade: Employment and Benefits Considerations

On March 14, 2022 the EEOC issued new guidance regarding Caregiver Discrimination against employees or applicants who are caregivers, as it relates to the COVID-19 pandemic.¹ Note that this guidance supplements, but does not appear to supplant, earlier Caregiver Discrimination Guidance from the EEOC.² Although these documents are crafted with the pandemic in mind, employers should be mindful of these issues within the broader professional context, as well.

Read More >> EEOC Caregiver Discrimination

On March 16, 2022, Gov. Kathy Hochul signed three bills into law that effectively amend the New York Human Rights Law (HRL) to increase sexual harassment protections for employees in New York. Please see our prior blog post for a more thorough summary of these new laws.

Read More >> Update on Amendments Strengthening Protections for New York Employees