Employment Discrimination

EEOC Caregiver Discrimination

March 25, 2022

By Lisa R. Feldman

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

New York Legislature Passes Significant Amendments to Strengthen Sexual Harassment Protections for Employees

March 9, 2022

By Gianelle M. Duby

The New York legislature has passed significant legislation that would further expand sexual harassment protections for employees in New York. This suite of legislation is intended to ensure that all public and private employees are treated in a fair manner and have the necessary resources available to seek accountability from their employers. If signed by the governor, the legislation will ban “no-rehire” clauses in settlement agreements, extend the statute of limitations for workplace harassment and discrimination claims, explicitly extend applicability of the New York Human Rights Law (HRL) to public employees, provide protection from unlawful retaliation, create a confidential sexual harassment hotline and enact the Let Survivors Speak Act. Each provision is discussed in turn below.

Read More >> New York Legislature Passes Significant Amendments to Strengthen Sexual Harassment Protections for Employees

NYSDOL Issues FAQs Regarding Recreational Marijuana

October 18, 2021

By Hannah K. Redmond

Earlier this month, the New York Department of Labor (DOL) published Frequently Asked Questions (FAQs) regarding the legalization of recreational marijuana and its impact on the workplace.

The Marijuana Regulation and Taxation Act (MRTA), which legalized the recreational use of marijuana for individuals over the age of 21 in New York, was passed in March 2021. The MRTA amended Labor Law § 201-d, to specify that the recreational use or consumption of marijuana outside of work hours and off an employer’s premises, constitutes lawful recreational activity. Thus, subject to limited exceptions, most employees cannot be disciplined or discriminated against for using and/or consuming recreational marijuana. For more information on Labor Law § 201-d and the recognized exceptions, see our prior blog post, which is available here

Read More >> NYSDOL Issues FAQs Regarding Recreational Marijuana

NYC Amends Fair Chance Act

July 29, 2021

By Mallory A. Campbell

The Fair Chance Act (FCA), which was added to the New York City Human Rights Law (NYCHRL) on Oct. 27, 2015, provides “fair chance” protections to workers with criminal convictions and limits when and to what extent employers can consider an individual’s criminal history in making employment decisions. On July 15, 2021, the New York City Commission on Human Rights (NYCCHR) issued new guidance1 interpreting key amendments to the FCA that go into effect on July 29, 2021. 

Read More >> NYC Amends Fair Chance Act

Must an Employer Offer a Reasonable Accommodation if a Federal Safety Regulation Prohibits Such Accommodation? 

July 7, 2021

By Richard S. Finkel

In a decision of interest to New York State employers subject to federal safety regulations, the Second Circuit Court of Appeals recently answered that question in the negative. In Bey v. City of New York1, the Court concluded that where a federal safety regulation expressly prohibits a requested medical accommodation, that regulation trumps the requirements imposed by the Americans with Disabilities Act (the ADA) and Title VII and shields the employer from liability under those statutes. 

Read More >> Must an Employer Offer a Reasonable Accommodation if a Federal Safety Regulation Prohibits Such Accommodation? 

What the Legalization of Recreational Marijuana Means for New York Employers

April 1, 2021

Following in the footsteps of more than a dozen other states, on March 31, 2021, New York passed legislation legalizing the recreational use of marijuana for individuals over the age of 21.

The Marijuana Regulation and Taxation Act (the Act) legalizes the licensed cultivation and distribution, as well as the use and possession, of recreational marijuana in New York State. Though medical marijuana has been legal in New York since the Compassionate Care Act was passed in 2014, the Act significantly expands the lawful use of marijuana in the state. 

Read More >> What the Legalization of Recreational Marijuana Means for New York Employers

EEOC Issues COVID-19 Vaccination Guidance

December 18, 2020

By Nicholas P. Jacobson and Nolan Kokkoris

On Wednesday, December 16, the Equal Employment Opportunity Commission (EEOC) released new guidance (the Guidance) for employers regarding COVID-19 vaccinations. While the Guidance offers some insight for employers who are considering offering vaccinations to employees or requiring that employees get the COVID-19 vaccination, a number of questions still remain unanswered. The following are some key takeaways from the Guidance.

Read More >> EEOC Issues COVID-19 Vaccination Guidance

Governor Cuomo Signs Amendment to the New York State Worker Adjustment and Retraining Act

November 17, 2020

By Mary E. Moran

Employers issuing notices pursuant to the New York State Worker Adjustment and Retraining Act (NY WARN) are now subject to additional requirements due to a statutory amendment that Gov. Cuomo signed into law on November 11, 2020. This amendment, which is effective immediately, expands the list of entities whom covered employers must notify prior to implementing a plant closing or mass layoff. The list now includes: (1) the chief elected official of the unit(s) of local government and the school district(s) in which the plant closing or mass layoff will occur; and (2) each locality which provides police, firefighting, emergency medical or ambulance services or other emergency services to the site of employment subject to the plant closing or mass layoff.

Read More >> Governor Cuomo Signs Amendment to the New York State Worker Adjustment and Retraining Act

Supreme Court Applies "Ministerial Exception" to Teachers at Religious Schools

July 20, 2020

By Theresa E. Rusnak

On July 8, 2020, the Supreme Court analyzed the ministerial exception for employees who allege employment discrimination claims for the first time in nearly a decade when it issued its decision in Our Lady of Guadalupe School v. Morrissey-Berru. The decision, which was issued in two combined cases on appeal before the Court, confirms the general principle under the First Amendment to the U.S. Constitution that religious institutions must retain the right to select, supervise, and, if necessary, remove an employee who qualifies as a "minister" without interference by secular authorities. The Court construed the definition of “minister” broadly in holding that the ministerial exception applied to two teachers at religious schools who had filed employment discrimination claims pursuant to the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) respectively.

Read More >> Supreme Court Applies "Ministerial Exception" to Teachers at Religious Schools