In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections....more
9/3/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Federal Arbitration Act ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
NYCHRL ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
Proponents of mandatory arbitration in New York can collectively let out a sigh of relief as a federal court judge has weighed in on the question of whether New York State’s law prohibiting mandatory arbitration of sexual...more
New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more
6/25/2019
/ Affirmative Defenses ,
Attorney's Fees ,
Burden of Proof ,
Covered Employer ,
Damages ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Harassment ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Non-Employees ,
NYSHRL ,
Pending Legislation ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Statute of Limitations
The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair...more
4/15/2019
/ City Councils ,
Collective Bargaining Agreements (CBA) ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Exemptions ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Marijuana ,
Mayor de Blasio ,
Medical Marijuana
On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which prohibits nondisclosure clauses in settlement agreements relating to workplace discrimination, retaliation or harassment....more
3/22/2019
/ Confidentiality Agreements ,
Damages ,
Employment Contract ,
Employment Discrimination ,
Governor Murphy ,
Harassment ,
Non-Disclosure Agreement ,
Private Right of Action ,
Public Policy ,
Remedies ,
Retaliation ,
Settlement Agreements ,
State Legislatures ,
Unenforceable Contract Terms ,
Void Contracts
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more
3/8/2019
/ #MeToo ,
Anti-Harassment Policies ,
Compensatory Damages ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Local Ordinance ,
Medical Leave ,
NLRA ,
NLRB ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Private Right of Action ,
Punitive Damages ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Title VII ,
Vacated ,
Yovino v Rizo
The Suffolk County, NY Legislature has unanimously enacted a bill that will prohibit employers and their agents from inquiring about job applicants’ wage or salary history during the hiring process. The Restricting...more
New York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes...more
10/16/2018
/ Americans with Disabilities Act (ADA) ,
Cooperative Dialogue ,
Disability Discrimination ,
Domestic Violence ,
Employer Liability Issues ,
Employment Discrimination ,
Interactive Process ,
New Rules ,
NYCHRL ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
State Labor Laws ,
Undue Hardship
New Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018....more
6/11/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Housing Discrimination ,
Job Ads ,
Public Accommodation ,
Residential Real Estate Market ,
State Legislatures
The New Jersey state legislature has passed a new pay equity law which will, among other things, make it an unlawful employment practice to pay employees of any protected class under the New Jersey Law Against Discrimination...more
4/18/2018
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Gender-Based Pay Discrimination ,
National Origin Discrimination ,
New Legislation ,
Pay Equity Laws ,
Race Discrimination ,
Reporting Requirements ,
Sexual Orientation Discrimination ,
State Contractors ,
State Labor Laws ,
State Legislatures ,
Statute of Limitations ,
Wage and Hour
The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies. The eleven bills, collectively titled the Stop Sexual...more
3/6/2018
/ Amended Rules ,
Anti-Harassment Policies ,
City Councils ,
Complaint Procedures ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Violence ,
Local Ordinance ,
NYCHRL ,
Posting Requirements ,
Proposed Amendments ,
Sex Discrimination ,
Sexual Harassment ,
Statute of Limitations ,
Workplace Harassment Guidance
The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to explicitly require that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a...more
1/23/2018
/ Amended Rules ,
Americans with Disabilities Act (ADA) ,
Cooperative Dialogue ,
Disability Discrimination ,
Domestic Violence ,
Employment Discrimination ,
Human Rights ,
Interactive Process ,
NYHRL ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
State Labor Laws
NYC Mayor Bill de Blasio has signed into law an amendment to the New York City Human Rights Law (NYCHRL) adding current or prior service in the uniformed services as a protected class under the law. The amendment will take...more
On November 15, 2016, the EEOC published its Fiscal Year 2016 Performance and Accountability Report. The Performance Report details the EEOC’s efforts over the past fiscal year, which ran from October 1, 2015 to September 30,...more
An amendment to the New York City Human Rights Law (NYCHRL) introduced before the City Council this week would add current or prior service in the uniformed services as a protected class under the law. If approved by the...more