New York has amended its law on non-disclosure provisions in settlement agreements when those provisions seek to keep confidential the factual foundation of alleged sexual harassment, discrimination and retaliation....more
On June 15, and just in time for LGBTQ+ Pride month, the U.S. Supreme Court issued a landmark decision holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
A California district court dealt a blow to the U.S. Women’s National Team’s (WNT) equal pay case on May 1, granting partial summary judgment to the United States Soccer Federation (USSF) in the headline-grabbing case filed...more
5/22/2020
/ Civil Rights Act ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Soccer ,
Title VII ,
Wage and Hour
On February 6, 2020 the U.S. Court of Appeals for the Third Circuit upheld a Philadelphia pay equity ordinance banning employers from inquiring into prospective employees’ prior pay or relying on prior pay in making...more
The Second Circuit ruled this month in Lenzi v. Systemax, Inc. that “Title VII does not require a showing of unequal pay for equal work.” Drawing a line between the Equal Pay Act (“EPA”) and Title VII, the court held that...more
12/23/2019
/ Civil Rights Act ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Federal Labor Laws ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Sex Discrimination ,
Summary Judgment ,
Title VII ,
Wage and Hour
California Governor Gavin Newsom recently signed into law SB 142, significantly expanding employers’ obligations to provide break time and lactation room accommodations for working mothers. ...more
Major changes are in store for New York employers under a new bill passed in the waning hours of the 2019 legislative session. ...more
6/27/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Harassment ,
Popular ,
Sexual Harassment ,
State Labor Laws
We are halfway through 2019, and while many employees prepare for summer vacation, California employers in various cities should brace themselves for an additional round of minimum wage increases on July 1, 2019....more
Effective May 10, 2020, New York City employers may no longer test prospective employees for marijuana and tetrahydrocannabinols (THC), the active ingredient in marijuana. ...more
As readers of this blog know, pay equity laws and regulations are expanding rapidly in the U.S. at both the federal and local level, as well as internationally. ...more
5/9/2019
/ Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Physicians ,
Sex Discrimination ,
Wage and Hour
The New York City Commission on Human Rights (“NYCCHR”) released its long anticipated model anti-sexual harassment training on April 1, 2019. The City’s model training satisfies all of the training requirements under both...more
In the wake of the #MeToo movement, lawmakers nationwide proposed legislation with expressed goals of preventing future sexual harassment scandals. Many proposed bills expired in committee and only a select few became law. ...more
On February 18, 2019, the New York City Commission on Human Rights (NYCCHR) announced new enforcement guidance deeming certain actions taken based on an individual’s hair or hairstyle – whether at work, at school, or in...more
Joining New York City, Westchester, and Albany, the Suffolk County Legislature, on November 20, 2018, adopted its own variation of a salary history ban.
...more
12/18/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Pay Equity Laws ,
Salary/Wage History ,
State and Local Government ,
Wage and Hour
Late last month, the New York State Department of Labor released model sexual harassment prevention training videos that employers can use to train their employees....more
For the second month in a row, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued guidance to update materials available to federal contractors and subcontractors. ...more
One week before the October 9, 2018 deadline for compliance with the statewide sexual harassment prevention mandate (the “Mandate”), New York Labor Law § 201-g, New York State released revised model documents available on the...more
Employers across the country should dust off their background check policies and forms and be mindful of recent developments related to the federal Fair Credit Reporting Act (FCRA)....more
A federal court in Connecticut recently granted summary judgment to a prospective employee on an employment discrimination claim brought under Connecticut’s Palliative Use of Marijuana Act (PUMA)....more
Late last week and in anticipation of the October 9, 2018 deadline for compliance with the statewide sexual harassment prevention mandate (the “Mandate”), New York Labor Law § 201-g, New York State released a model policy,...more
8/29/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Public Comment ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Late last week and in anticipation of the October 9, 2018 deadline for compliance with the statewide sexual harassment prevention mandate (the “Mandate”), New York Labor Law § 201-g, New York State released a model policy,...more
The New York City Commission on Human Rights has released the Fact Sheet and mandatory Notice referenced in the recent Stop Sexual Harassment in NYC Act (the “Act”). ...more
8/13/2018
/ #MeToo ,
Anti-Harassment Policies ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Hiring & Firing ,
Human Rights ,
Local Ordinance ,
Policies and Procedures ,
Posting Requirements ,
Risk Mitigation ,
Sexual Harassment ,
State and Local Government
The New York City Commission on Human Rights has released the Fact Sheet and mandatory Notice referenced in the recent Stop Sexual Harassment in NYC Act (the “Act”). Effective September 6, 2018, all employers in New York...more
On May 15, 2018, Maryland Governor Lawrence J. Hogan signed into law H.B. 1596, the Disclosing Sexual Harassment in the Workplace Act of 2018 (the “Act”), expanding employee rights and remedies under state sexual harassment...more
Connecticut Governor Dannel Malloy is poised to sign into law the Act Concerning Pay Equity bill, which has been passed by both the Connecticut House and Senate General Assembly. ...more
5/16/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Pay Gap ,
Pending Legislation ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour