New York Labor and Employment Law Report
May 8, 2024
On April 29, 2024, the Equal Employment Opportunity Commission (“EEOC”) published Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance took effect immediately and supersedes the EEOC’s previously published guidance from the 1980s and 1990s
Read More >> EEOC Publishes New Guidance on Workplace Harassment for the First Time in Twenty Years
December 11, 2023
Effective Nov. 17, 2023, New York General Obligations Law 5-336 was amended to further restrict employers’ use of non-disclosure or confidentiality provisions in settlement agreements when the factual foundation involves discrimination, harassment or retaliation. Since its enactment, the law has broadly prohibited non-disclosure provisions in agreements to settle discrimination claims “unless the condition of confidentiality is the complainant’s preference.”[1]
November 27, 2023
On Nov. 17, 2023, Gov. Kathy Hochul signed Senate Bill S.3255, which amends Section 297 of the New York Executive Law by extending the statute of limitations for filing complaints of unlawful discrimination with the Division of Human Rights (DHR) to three years.
August 22, 2023
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
August 10, 2023
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!
January 23, 2023
On Jan. 12, 2023, the New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights, released a revised sexual harassment prevention model policy for public review and comment. The agencies collected public input regarding the policy revision in late 2022, and DOL is providing a 30-day comment period for feedback prior to the revision being finalized. The comment period will run through Feb. 11, 2023.
Read More >> New York Releases Revised Sexual Harassment Prevention Model Policy for Public Comment
July 15, 2022
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
March 18, 2022
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
March 9, 2022
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.
February 14, 2022
On Feb. 10, 2022, the U.S. Senate passed H.R. 4445 – the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” also known as the “#MeToo Bill.”
The #MeToo Bill will amend the Federal Arbitration Act, and will invalidate mandatory arbitration agreements that preclude an employee from filing a lawsuit in court arising from workplace sexual assault or sexual harassment. The Bill will have a significant impact on employment law, as these arbitration provisions are commonly included in employment contracts. The Bill will also limit the ways in which an employee can pursue their claims, and keep the details of those claims out of the public eye far more than a typical court proceeding.
June 15, 2020
On June 15, 2020, the Supreme Court held in a monumental decision that an employer who discriminates against an employee or applicant based on that individual’s gender identity or sexual orientation violates Title VII of the Civil Rights Act.
September 3, 2018
There has recently been a lot of talk about New York State’s new sexual harassment policy and training requirements that will be taking effect state-wide on October 9, 2018. But New York City employers must also beware of new requirements specific to New York City, some of which will be taking effect on September 6, 2018.
