Law and the Workplace

Category Archives: Discrimination, Harassment and Retaliation

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Employers Face New Accommodation Requirements For Nursing Mothers

By Tony Oncidi and Ryan McGill on Posted in Accessibility & Accommodation, Biden Administration Coverage, Discrimination, Harassment and Retaliation, Wage and Hour, Workplace Policies and Procedures
In our recent blog post, we highlighted legislation that will impact employers this year related to nursing and pregnant employees: the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) and the Pregnant Workers Fairness Act (the “PWFA”).  As this legislation becomes effective—with the PUMP Act taking effect on April 28, 2023 and the … Continue Reading

EEOC Issues Updated “Capstone” Guidance on COVID-19 After Declaration of End of Public Health Emergency

By Evandro Gigante, Laura Fant and David Gobel on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
CoronovirusOn May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to President Biden recently signing legislation that ended the COVID-19 National Emergency. EEOC Chair Charlotte A. Burrows called this installment of “the capstone to our comprehensive … Continue Reading

UPDATED: New York City Council Approves Ordinance Prohibiting Discrimination Based on a Person’s Height or Weight

By Evandro Gigante, Laura Fant, Arielle E. Kobetz and Alisha Bruce on Posted in Discrimination, Harassment and Retaliation
***UPDATED: Mayor Adams signed the ordinance into law on May 26, 2023.  The law takes effect on November 22, 2023.*** The New York City Council has approved an ordinance that, if enacted, would amend the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination in employment, housing and access to public accommodation based on … Continue Reading

EEOC, FTC, and Other Federal Agencies Release Joint Statement on Confronting Bias and Discrimination in AI and Automated Systems

By Joseph O’Keefe and Hannah Morris on Posted in Artificial Intelligence, Discrimination, Harassment and Retaliation
On April 25, 2023, officials from four federal agencies released a joint statement pledging to increase “enforcement efforts to protect the public from bias in automated systems and artificial intelligence” (“AI”). The agencies taking part in this effort include the Equal Employment Opportunity Commission (“EEOC”), the Federal Trade Commission (“FTC”), the U.S. Department of Justice … Continue Reading

New York State Releases Updated Model Sexual Harassment Prevention Policy and Training

By Evandro Gigante, Jurate Schwartz, Laura Fant, Arielle E. Kobetz and Hannah Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
The New York State Department of Labor (“DOL”) has released its long-awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention. As we previously reported, the DOL published proposed changes to the model policy in January of this year, and the updated policy largely mirrors those … Continue Reading

REMINDER: Chicago Employers Must Complete Sexual Harassment Prevention and Bystander Training by June 30, 2023

By Steven J. Pearlman, Alexandra Oxyer, Edward Young and Dakota D. Treece on Posted in Discrimination, Harassment and Retaliation
On April 27,2022, the Chicago City Council passed SO2022-665, which broadened the Chicago Human Rights Ordinance (the “Ordinance”) and imposed new requirements on Chicago employers with respect to preventing sexual harassment in the workplace.  Pursuant to the Ordinance, all employees working in Chicago must participate in sexual harassment prevention training and bystander training annually. Specifically, … Continue Reading

UPDATED: Seattle City Council Approves First-in-the-U.S. Ban on Caste Discrimination

By Steven J. Pearlman and Laura Fant on Posted in Discrimination, Harassment and Retaliation
***UPDATE: Mayor Bruce Harrell signed the amendments into law on February 23, 2023.*** Seattle has become the first U.S. city to approve legislation amending city ordinances to prohibit discrimination on the basis of “caste,” including in the context of employment.  The proposals now go before the mayor for signature. The legislative push was largely driven … Continue Reading

EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace

By Evandro Gigante, Laura Fant and Alisha Bruce on Posted in Discrimination, Harassment and Retaliation
Key Takeaways Individuals with a variety of hearing conditions may have disabilities covered by the ADA. Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to perform the essential functions of the role may be permissible. Employers have a duty to provide accommodations for job applicants and … Continue Reading

New York State Releases Proposed Changes to Model Sexual Harassment Prevention Policy

By Evandro Gigante, Laura Fant, Arielle E. Kobetz and Hannah Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On January 12, 2023 the New York State Department of Labor (“DOL”) issued an updated Proposed Sexual Harassment Prevention Model Policy which, among other things, addresses remote work, gender identity and bystander intervention methods.  The public has 30 days (until February 11) to comment on the proposed revisions prior to a final version being adopted. … Continue Reading

2022 Labor & Employment Year in Review … and Looking Ahead to 2023

By Evandro Gigante, Laura M. Fant, Arielle E. Kobetz, Olympia Karageorgiou and David Gobel on Posted in Artificial Intelligence, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into 2023. Salary and Pay Transparency The trend of enacting salary and pay … Continue Reading

Looking Ahead to 2023: Pay Transparency Developments

By Allan Bloom, Evandro Gigante, Laura Fant, Arielle E. Kobetz and Theresa Madonna on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Paying WagesAs we previously reported, as of November 1, 2022, New York City’s salary transparency law requires covered employers who advertise or post a job, promotion, or transfer opportunity for a role that can or will be performed, at least in part, in NYC to disclose in such advertisement of posting the minimum and maximum annual … Continue Reading

UPDATED: President Biden Signs Bill Limiting Pre-dispute Nondisclosure Agreements in Sexual Harassment and Assault Disputes

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
***UPDATE: On December 7, 2022, President Biden signed the Speak Out Act into law.  The law takes effect immediately.*** In a bipartisan 315-109 vote, the U.S. House of Representatives has approved a bill that would render pre-dispute nondisclosure and nondisparagement clauses judicially unenforceable with respect to sexual assault or sexual harassment disputes.  The bill previously … Continue Reading

Westchester County, NY Pay Transparency Law Takes Effect

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Pay Equity
Paying WagesEffective November 6, 2022, the Westchester County (NY) Human Rights Law is amended to require that employers with at least four employees that are posting job, transfer or promotion opportunities which “are required to be performed, in whole or in part, in Westchester County, whether from an office, in the field, or remotely”** state the … Continue Reading

EEOC Releases Updated Workplace Discrimination Poster

By Evandro Gigante, Laura Fant and Hannah Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On October 19, 2022, the Equal Employment Opportunity Commission released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster that covered employers under federal law are required to prominently display in the workplace.  The poster summarizes protections under various anti-discrimination laws that the EEOC enforces, such as Title VII, the Pregnancy Discrimination Act, and … Continue Reading

Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful

By Evandro Gigante, Laura Fant, Arielle E. Kobetz and Dakota D. Treece on Posted in Discrimination, Harassment and Retaliation
EEOC sealOn October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in the workplace is unlawful. The case is State of Texas v. EEOC, Case No. 2:21-cv-00194-Z. Background As we previously reported, on June 15, 2020, … Continue Reading

Washington, D.C. to Expand Antidiscrimination Protections to Include Independent Contractors and Homeless Individuals

By Guy Brenner, Laura Fant and Theresa Madonna on Posted in Discrimination, Harassment and Retaliation
Seal of the District of ColumbiaEffective October 1, 2022, an amendment to the District of Columbia’s Human Rights Act (“the Act”) will expand the universe of workers protected under the Act, as well as codify workplace harassment as an unlawful discriminatory practice. First, the amendment expands the Act’s definition of a protected “employee” to now also include individuals “working or … Continue Reading

UPDATE: New York City’s Pay Transparency Law Is Here – Are You Ready?

By Allan Bloom, Evandro Gigante, Laura Fant, Theresa Madonna and Scott Tan on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Pay Equity, Workplace Policies and Procedures
Paying WagesNew York City’s pay transparency law, which requires most New York City employers to disclose salary ranges in their job postings, took effect on November 1, 2022. As we previously reported, the new law amends the New York City Human Rights Law to require covered employers who post a job, promotion, or transfer opportunity for … Continue Reading

New Massachusetts Law Creates Expanded Definition of Racial Discrimination in Employment and Other Areas to Encompass “Natural or Protective Hairstyles”

By Mark W. Batten, Lexie Reynolds and Makenzie D. Way on Posted in Discrimination, Harassment and Retaliation
On July 26, 2022, Massachusetts Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair Act (“CROWN Act”) into law, making Massachusetts the 18th state to enact legislation aimed at protecting against discrimination on the basis of hairstyles that are historically associated with race. The CROWN Act will go into effect … Continue Reading

New York State’s Workplace Sexual Harassment Complaint Hotline is Live

By Evandro Gigante, Laura M. Fant and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
On July 19, 2022, New York State Governor Kathy Hochul announced the launch of the state’s confidential hotline for complaints of workplace sexual harassment. As we previously reported, S812A (enacted in March 2022) establishes a toll-free confidential hotline, administered by the New York State Department of Human Rights (NYSDHR), “to provide individuals with complaints of workplace … Continue Reading

EEOC Sanctions Employer for GINA Violations Relating to Collection of Employees’ Family Members’ COVID Test Results

By Evandro Gigante and Laura Fant on Posted in Coronavirus, Discrimination, Harassment and Retaliation
On July 6, 2022, the Equal Employment Opportunity Commission (EEOC) announced it has entered into a conciliation agreement with a Florida-based medical practice for violations of the Genetic Information Non-Discrimination Act (GINA) arising out of the practice’s collection of employees’ family members’ COVID-19 testing results. In a press release announcing the agreement, the EEOC stated … Continue Reading

Chicago City Council Expands Sexual Harassment Laws

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Discrimination, Harassment and Retaliation
On April 27, 2022, the Chicago City Council passed Ordinance 2022-665 (the “Ordinance”) amending the Municipal Code to enhance the City’s prohibitions on sexual harassment in the workplace. The amendments include, among other things, modified definitions of “sexual orientation” and “sexual harassment,” a new written policy requirement for employers, increased sexual harassment prevention training requirements, … Continue Reading

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

By Nicole Eichberger, Atoyia Harris and E. Sydney Cone on Posted in Discrimination, Harassment and Retaliation
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth Circuit held that age discrimination comments must contain age-specific references, and a factfinder cannot infer age discrimination … Continue Reading

Washington State to Require Employers to Provide Salary Ranges and Other Compensation Information in Job Postings

By Evandro Gigante, Laura Fant and Rachel Kessler on Posted in Discrimination, Harassment and Retaliation
Paying WagesOn March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill revises the existing state law that requires only that employers provide the minimum wage or salary for … Continue Reading

New York District Court Permanently Enjoins Reproductive Health Notice of Rights Requirement for Employee Handbooks

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
employee handbookA Northern District of New York court has permanently enjoined the statewide requirement that employers include a notice of workers’ rights and remedies in their employee handbooks regarding the prohibition on discrimination based on reproductive health care choices. The requirement, which took effect in November 2019, was part of a broader bill amending the New … Continue Reading
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