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New York Employment Discrimination

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Tyson & Mendes LLP

It Ends with Lawsuits for Hollywood Co-Stars

Tyson & Mendes LLP on

A series of lawsuits between Blake Lively and Justin Baldoni, stars of the 2024 blockbuster movie It Ends With Us, have captivated both the public and the legal community in recent months. The legal battle presents...more

Saul Ewing LLP

Second Circuit Rejects Broad Interpretation of “Marital Status Discrimination” Under New York City Human Rights Law

Saul Ewing LLP on

Although not prohibited by federal law, employment discrimination based on marital status is illegal in several states. However, the exact contours of “marital status” discrimination have been somewhat unclear, leading to a...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Reinstates New York Reproductive Health Bias Law's Notice Requirement in Employee Handbooks

On January 2, 2025, the U.S. Court of Appeals for the Second Circuit vacated a permanent injunction that barred the enforcement of a requirement under the New York Labor Law Section 203-e (the "Act") that New York State...more

Perkins Coie

April Tip of the Month: Second Circuit Opines on Reasonable Accommodation Issue

Perkins Coie on

On March 25, 2025, the U.S. Court of Appeals for the Second Circuit clarified and potentially broadened the scope of an employer’s responsibility to offer reasonable accommodations under the Americans with Disabilities Act...more

K&L Gates LLP

Q1 2025 New York Artificial Intelligence Developments: What Employers Should Know About Proposed and Passed AI Legislation

K&L Gates LLP on

In the first part of 2025, New York joined other states, such as Colorado, Connecticut, New Jersey, and Texas, seeking to regulate artificial intelligence (AI) at the state level. Specifically, on 8 January 2025, bills...more

Zelle  LLP

AI Update: AI Avatar Does NOT, In Fact, Please the Court

Zelle LLP on

A New York Appellate Court faced an interesting situation on March 26, 2025, when a pro se litigant, Jerome Dewald, attempted to use an AI avatar as his counsel to argue for a reversal of the lower court’s decision in an...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Clarifies Standard for Reasonable Accommodation Requests Under the ADA

The Second Circuit's decision in Tudor v. Whitehall Central School District is a significant ruling that clarifies the standard for reasonable accommodation requests under the Americans with Disabilities Act (ADA). This...more

Proskauer - Law and the Workplace

Second Circuit Clarifies ADA Standard on Reasonable Accommodations

Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more

Tarter Krinsky & Drogin LLP

Action Required for NY State Employers Under New York’s Reproductive Health Bias Law (the “Act”)

New York State’s Reproductive Health Bias Law (the “Act”) has been reinstated following a Second Circuit ruling. The Act, found in Section 203-e of New York State’s Labor Law, prohibits discrimination based on an employee’s...more

Troutman Pepper Locke

New York Senate Passes First-in-the-Nation Bill Requiring Mandatory Review and Revocation Period for All Severance Agreements

Troutman Pepper Locke on

Under current law, New York employers are statutorily required to provide a 21-day review and seven-day revocation periods in employment separation agreements in two scenarios: (1) if the employee is 40 or older and the...more

Cozen O'Connor

New York Note: Cuomo Declares for Mayor, Employment Law Now, Commissioner Nominees

Cozen O'Connor on

Former New York Governor Andrew Cuomo announced that he will be running for Mayor of New York City. Cuomo previously resigned as Governor in 2021 amid several accusations of sexual harassment, and enters a crowded field of...more

Hinshaw & Culbertson - Employment Law...

How Does New York State's Fashion Workers Act Impact Modeling Businesses and Their Clients?

On December 21, 2024, New York Governor Kathy Hochul signed the Fashion Workers Act (the "Act") into law, which provides greater protections for fashion workers and will take effect on June 19, 2025. The Act also imposes...more

Polsinelli

New York’s Impending WARN Notice Requirement for Artificial Intelligence Related Layoffs Highlights Proliferating Nationwide...

Polsinelli on

During her 2025 State of the State Address on January 14, 2025, New York Governor Kathy Hochul announced a plan to support workers displaced by Artificial Intelligence (AI) by requiring employers who engage in mass layoffs or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Revives New York Reproductive Health Bias Law’s Notice Requirement for Employee Handbooks

On January 2, 2024, the U.S. Court of Appeals for the Second Circuit reinstated the New York Reproductive Health Bias Law’s requirement that New York State employers include a notice in their employee handbooks regarding the...more

Littler

What Does the 2025 Artificial Intelligence Legislative and Regulatory Landscape Look Like for Employers?

Littler on

“Algorithmic discrimination” refers to the use of an artificial intelligence (AI) system that results in differential treatment or impact disfavoring an individual based on protected characteristics (e.g., age, color,...more

Herbert Smith Freehills Kramer

Employers Required to Provide Notice Under New York State Reproductive Health Bias Law Following Second Circuit Ruling Vacating...

On Jan. 2, 2025, the U.S. Court of Appeals for the Second Circuit in CompassCare v. Hochul vacated a lower court’s injunction that had forestalled implementation of a requirement under New York’s reproductive health bias law,...more

Cole Schotz

Employee Handbooks In 2025: Action Required For New York And New Jersey Employers

Cole Schotz on

Federal and state employment laws are constantly evolving and employers must regularly revise their employee handbooks to remain compliant. Below are some key legal developments for New York and New Jersey employers to...more

Hinshaw & Culbertson - Employment Law...

The New York Clean Slate Act Goes Into Effect: What Employers Need to Know

On November 16, 2024, the New York Clean Slate Act (the "Act") went into effect. Under the Act, certain conviction records will be automatically sealed from public access after a specified time period. The New York State...more

ArentFox Schiff

New York’s Clean Slate Act Limits Consideration of Most Criminal Convictions for Employers Running Criminal Background Checks

ArentFox Schiff on

On November 16, New York’s Clean Slate Act took effect. The purpose of the Act is to aid in curbing discrimination in the workplace against individuals with certain New York State criminal convictions. As discussed below, the...more

Davis Wright Tremaine LLP

New York's Clean Slate Act Goes Into Effect – What Employers Should Know About Background Checks

The New York State Clean Slate Act (the "Act") went into effect Saturday, November 16, 2024, bringing with it new obligations for New York employers who rely on criminal background checks. Under the Act, certain criminal...more

Mintz - Employment Viewpoints

New York’s Clean Slate Act Requires Employers to Update Background Check Processes

New York’s Clean Slate Act is now effective.  The Act will lead to the automatic sealing of certain criminal records and will require greater disclosure by employers of the criminal history they can consider in connection...more

Littler

New York State Clean Slate Act Takes Effect this Saturday, November 16, 2024

Littler on

The New York State Clean Slate Act (“Clean Slate Act”) takes effect Saturday, November 16, 2024. Littler previously summarized the requirements of the statute when it passed the state legislature and was signed by Governor...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Dismisses Remote Employee's Discrimination Claim Brought Under New York State Human Rights Law

On March 20, 2024, the Second Circuit dismissed a remote employee's discrimination claim brought under the New York State Human Rights Law (NYSHRL). The Court held that the employee's discrimination did not meet the "impact...more

Hinshaw & Culbertson - Employment Law...

What Does New York City's Expanded Anti-Discrimination Protection Mean for Employers?

On May 11, 2024, a new law went into effect, amending New York City Administrative Code §§ 8-109 and 8-502. The law prohibits provisions in agreements that shorten the timeframe an employee has to file a claim for unlawful...more

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