Law and the Workplace

Category Archives: Discrimination, Harassment and Retaliation

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Impactful Sexual Harassment Bill Passes Illinois Senate

On April 11, 2019, the Illinois state Senate voted to pass Senate Bill 1829, also known as the Workplace Transparency Act (the “Act”).  If passed by the House of Representatives, the Act would impose new requirements and limitations on Illinois employers with respect to harassment and discrimination claims.  The following are the Act’s key features. … Continue Reading

Proskauer Unveils Employment Law Toolkit and Hosts #Metoo Panel at HR Transform

On March 26 – 28, 2019, Harris Mufson, Danielle Moss, and Samantha Regenbogen attended the second annual HR Transform conference in Las Vegas, Nevada.  Proskauer was the exclusive legal sponsor of the conference. The HR Transform conference brought together business leaders and HR executives to discuss cutting edge issues regarding human resources and employee workplace … Continue Reading

New York City Issues Final Guidance on Sexual Harassment Training Requirements

As we previously reported, New York City has enacted the Stop Sexual Harassment in NYC Act, which is a package of bills aimed at addressing and preventing sexual harassment in the workplace. Effective April 1, 2019, all New York City employers with 15 or more employees (including interns) are required to conduct annual anti-sexual harassment … Continue Reading

[Podcast]: The NYCCHR Issues New Enforcement Guidance on Appearance & Grooming Policies

In this episode of The Proskauer Brief, partner Harris Mufson and associate Arielle Kobetz discuss the New York City Commission on Human Rights (NYCCHR) enforcement guidance on appearance and grooming policies that ban or restrict naturally curly hair, dreadlocks, braids, cornrows and other hairstyles. While the guidance, which was issued on February 19, 2019, specifically details protections for Black people … Continue Reading

New Jersey Enacts Law Limiting Non-Disclosure Obligations in Settlement Agreements

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. Effective immediately, the law renders unenforceable any provision in an employment contract that waives “any substantive or procedural right or remedy relating to a claim of … Continue Reading

EEOC Opens EEO-1 Portal and Issues Statement On EEO-1

As we previously reported, a federal judge has lifted the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the annual EEO-1 survey submission (the “Revised EEO-1”). In so ruling, the judge ordered “that the previous approval of … Continue Reading

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age Discrimination in Employment Act (ADEA) when, in an effort to keep the retirement system solvent, it required employees … Continue Reading

Gardner v. CLC of Pascagoula, LLC –What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”?

Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses harassed by their dining customers; casino dealers suffering harassment from gamblers at the table; and vendors being harassed by clients they visit onsite for … Continue Reading

The NYCCHR Issues New Enforcement Guidance on Appearance and Grooming Policies

On February 19, 2019, the New York City Commission on Human Rights (“NYCCHR”) issued new enforcement guidance on appearance and grooming policies that ban or restrict naturally curly hair, dreadlocks, braids, cornrows and other hairstyles. Such policies constitute a violation of the New York City Human Rights Law (“NYCHRL”) because, according to the City Commission, … Continue Reading

Massachusetts SJC Holds Employers’ Denials of Lateral Transfers May Be Adverse Actions in Discrimination Cases

Massachusetts employers’ decision-making processes with regards to lateral, internal employee transfers are now subject to possible state law discrimination claims.  On January 29, 2019, the SJC issued its decision in Yee v. Massachusetts State Police, SCJ-12485, holding that when two jobs at the same level for the same employer offer “material differences” in compensation opportunity, … Continue Reading

Seventh Circuit Limits ADEA Protections for Job Applicants

On January 23, 2019, the Seventh Circuit held that the ADEA’s prohibition of disparate impact discrimination do not extend to job applicants. Kleber v. CareFusion Corp., No. 17-cv-1206. In Kleber, a 58-year-old attorney unsuccessfully applied for a General Counsel position within the Company’s law department. The job posting required applicants to have fewer than seven … Continue Reading

Update: New York Governor Signs Gender Identity Discrimination Ban Into Law

On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA). As we previously reported, GENDA amends the New York State Human Rights Law to expressly prohibit discrimination on the basis of gender identity or expression. The Act also expands New York’s hate crime laws to include crimes … Continue Reading

New York State Passes the Gender Expression Non-Discrimination Act

After 16 years of debate and discussion, the New York State Legislature recently passed the Gender Expression Non-Discrimination Act (“GENDA”), which would amend the New York State Human Rights Law to expressly prohibit discrimination on the basis of gender identity or expression. Under the Act, gender identity or expression is defined as “a person’s actual … Continue Reading

The Employment Law Landscape in 2019

States across the country have passed new laws addressing sexual harassment, paid family leave, and other labor and employment law issues. As many of these laws will soon become effective, employers should be prepared for the following changes in the legal landscape. Sexual Harassment Laws New York City’s Stop Sexual Harassment Act, effective April 1, … Continue Reading

Proskauer Delivers Webinar on Settling Employment Claims

On December 12, Proskauer partners Allan Bloom, Elise Bloom, and Harris Mufson delivered a webinar focused on how recent developments in the law impact the ground rules and key strategies for settlement in four distinct areas of employment litigation. Wage and Hour. Mr. Bloom explained that, in most jurisdictions, settlements of Fair Labor Standards Act … Continue Reading

2019 Brings Employment Law Changes for Illinois Employers

As 2018 draws to a close, state and local lawmakers in Illinois have been passing legislation that will further regulate a variety of employers’ practices. Here is a look at what Illinois employers can expect in 2019. New Laws Effective January 1, 2019 Employee Reimbursement for Business Expenses – An amendment to the Illinois Wage … Continue Reading

Customized Anti-Harassment Training for the #MeToo Era

We offer companies a suite of customized, in-person training modules including practical approaches and solutions to harassment and discrimination in the workplace. These training programs incorporate your particular workplace policies and are supported by brand new videos that are based on real workplace incidents. We explore the most pressing issues faced by employers today, including not only those … Continue Reading

Suffolk County, New York Enacts Salary History Ban

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 Information on Salaries and Earnings Act (the “RISE Act”) goes into effect on June 30, 2019. The RISE Act amends the Suffolk County … Continue Reading

New York State Releases Sexual Harassment Prevention Training Videos

As we have previously reported, New York State has recently enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. According to the final guidance issued by the State, all … Continue Reading

[Podcast]: New York State Anti-Harassment Law

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment.  The law will require employers to distribute policies prohibiting sexual harassment in the work place and implement annual training on sexual harassment.  These policies, which much be distributed by October 9, 2018, … Continue Reading

New York State Issues Final Guidance on Sexual Harassment Policy and Training Requirements In Advance of October 9 Effective Date

As we have previously reported,  New York State has enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees (see below for more details on specific requirements and deadlines).  After … Continue Reading

Proskauer Delivers #MeToo Webinar With EEOC Commissioner Feldblum

EEOC sealOn September 5th, Proskauer partner Steve Pearlman had the honor of delivering a webinar with EEOC Commissioner Chai Feldblum, which Proskauer senior associate Danielle Moss moderated.  Commissioner Feldblum is the co-author of the EEOC’s report on rebooting harassment prevention. The webinar focused on how the #MeToo movement has impacted workplace dynamics and discussed innovative solutions … Continue Reading

New York State Releases Draft Anti-Sexual Harassment Training and Policy Models for Public Comment

As we have previously reported, pursuant to provisions of the state budget signed into law this past April, effective October 9, 2018, all New York State employers will be required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. To that end, New York State has just launched a new … Continue Reading
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