Law and the Workplace

Category Archives: Discrimination, Harassment and Retaliation

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The NYCCHR Issues New Enforcement Guidance on Appearance and Grooming Policies

By Evandro Gigante and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

By Mark W. Batten, Samantha Regenbogen and Thomas B. Fiascone on Posted in Discrimination, Harassment and Retaliation
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

By Steven J. Pearlman, Edward Young and Holly Ren Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

By Evandro Gigante and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
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

By Evandro Gigante and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
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

By Evandro Gigante, Arielle E. Kobetz and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
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

By Allan Bloom, Elise M. Bloom, Harris Mufson and Hayley H. Fritchie on Posted in Class/Collective Action, Discrimination, Harassment and Retaliation, Wage and Hour, Whistleblower
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

By Steven J. Pearlman, Edward Young and Holly Ren Morris on Posted in Discrimination, Harassment and Retaliation, Uncategorized, Workplace Policies and Procedures
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

By Keisha-Ann Gray, Kathleen McKenna and Danielle J. Moss on Posted in Discrimination, Harassment and Retaliation
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

By Evandro Gigante and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
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

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, The Proskauer Brief Podcast, Workplace Policies and Procedures
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

By Evandro Gigante, Laura Fant, Daryl Leon and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

By Steven J. Pearlman and Danielle J. Moss on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
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

NYC Commission on Human Rights Issues Proposed Rules Relating to Discrimination on the Basis of Gender Identity or Expression

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
gender identityThe New York City Commission on Human Rights (the “Commission”) has issued a Notice of Public Hearing and Opportunity to Comment on proposed rules to establish certain definitions and clarify the scope of protections against discrimination with respect to gender identity or expression under the New York City Human Rights Law (“NYCHRL”).  The proposed definitions … Continue Reading

NYC Commission on Human Rights Issues Mandatory Anti-Sexual Harassment Poster and Employee Information Sheet

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
The New York City Commission on Human Rights (the “Commission”) has issued a mandatory notice posting and information sheet for distribution to employees pursuant to the recently enacted Stop Sexual Harassment in NYC Act (the “Act”). As we have previously reported, the Act, which was signed into law by Mayor Bill de Blasio on May … Continue Reading

[Podcast]: Massachusetts and New Jersey Pay Equity Laws

By Harris Mufson, Rebecca Sivitz and Maryssa Mataras on Posted in Discrimination, Harassment and Retaliation, The Proskauer Brief Podcast
In this episode of the Proskauer Brief, senior counsel Harris Mufson is joined by associates Rebecca Sivitz and Maryssa Mataras to discuss the recently enacted Pay Equity Laws in Massachusetts and New Jersey. So be sure to tune in for the latest insight on this very important issue. Listen to the podcast.  … Continue Reading

Hawaii Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Hawaii Governor David Ige has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. In addition, the law prohibits employers from retaliating or discriminating against employees for, or restricting employees from, disclosing their own wages or discussing and inquiring about the wages of other employees. … Continue Reading

New Hampshire Expands Protections Against Discrimination to Include Gender Identity

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
gender identityNew 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. The law will make it an unlawful discriminatory practice for an employer to: (i) refuse to hire or employ; (ii) bar or … Continue Reading

[Podcast]: Recent Developments in California Law

By Tony Oncidi and Harris Mufson on Posted in Discrimination, Harassment and Retaliation, Independent Contractor, The Proskauer Brief Podcast, Wage and Hour, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partner Tony Oncidi and senior counsel Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors or employees and what’s new on the #MeToo front. Listen to the podcast.  … Continue Reading

Vermont Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
Paying WagesVermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees. The law will take effect on July 1, 2018. Under the law, employers and their agents will be prohibited from: inquiring about or seeking information regarding a prospective employee’s … Continue Reading

Mayor de Blasio Signs Stop Sexual Harassment in NYC Act Into Law

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On May 9, 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which, as we previously reported, is a package of bills aimed at addressing and preventing sexual harassment in the workplace. The signing of the Act triggers the countdown to the effective dates … Continue Reading

[Podcast]: Recent Developments Regarding Sexual Harassment in the Workplace

By Harris Mufson and Allan Bloom on Posted in Discrimination, Harassment and Retaliation, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, Harris Mufson and Allan Bloom discuss recent legislative developments in New York regarding sexual harassment. We will discuss recently enacted significant measures, including the prohibition of nondisclosure clauses in settlement agreements, unless the complainant prefers confidentiality, mandatory training requirements and the expansion of the NYS Human Rights Law to nonemployees including contractors, … Continue Reading
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