Law and the Workplace

Category Archives: Discrimination, Harassment and Retaliation

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Reminder for NYC Employers: Prohibition on Discrimination Based on Height and Weight Is Now In Effect

By Evandro Gigante, Laura Fant and Larenz D. Jones on Posted in Discrimination, Harassment and Retaliation
Image of man on scale measuring weight and heightEffective November 26, 2023, the New York City Human Rights Law (“NYCHRL”) is amended to extend anti-discrimination protection based on height and weight. As previously reported, the amendment prohibits discrimination in employment, housing and access based on an individual’s height or weight. For employers covered by the NYCHRL, the law now prohibits, among other things, … Continue Reading

New York Bars Liquidated Damages for Non-Disclosure Breaches in Workplace Discrimination Settlements

By Evandro Gigante and Laura M. Fant on Posted in Discrimination, Harassment and Retaliation
New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation.  The recent amendment prohibits any settlement or other resolution of a claim involving sexual harassment or any other form of unlawful discrimination or harassment from … Continue Reading

Stay Tuned: Massachusetts Legislature Poised to Enact Pay Transparency Requirements

By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Massachusetts is poised to join to the growing number of states enacting pay transparency laws which, among other things, require employers to disclose minimum and maximum salary ranges for job openings. At present, the Massachusetts House of Representatives and Senate have passed largely similar pay transparency bills, with the expectation that a consolidated bill will … Continue Reading

EEO-1 Filing Period Now Open; Reports Due By December 5, 2023

By Guy Brenner and Olympia Karageorgiou on Posted in Discrimination, Harassment and Retaliation
After multiple delays, on October 31, 2023, the Equal Employment Opportunity Commission (“EEOC”) announced the opening of the 2022 EEO-1 data collection portal. All employers with 100 or more employees, and federal government contractors and subcontractors (“Contractors”) with at least 50 employees and a federal government contract of $50,000 or more are required to file … Continue Reading

EEOC Releases Proposed Workplace Harassment Guidelines After Six Year Delay

By Evandro Gigante, Jurate Schwartz, Laura Fant and David Gobel on Posted in Discrimination, Harassment and Retaliation
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four existing EEOC guidance documents issued during the 1990s, as well as a section of the EEOC Compliance Manual on harassment. Members of the public have … Continue Reading

New York State Department of Labor Issues Proposed Regulations on Salary Transparency Law

By Allan Bloom, Laura Fant and Theresa Madonna on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
On September 13, 2023, the New York State Department of Labor published proposed regulations on the state’s salary transparency statute that took effect on September 17, 2023. As we previously reported, the statute applies to covered employers who post a job, promotion, or transfer opportunity that can or will be performed, at least in part, … Continue Reading

Fifth Circuit Expands Universe of Title VII Actionable Adverse Employment Actions

By Steven J. Pearlman, Atoyia Harris and Alexander J. Blutman on Posted in Discrimination, Harassment and Retaliation, Title VII
On August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit expanded the types of employment actions that may constitute “adverse employment action” under Title VII in Hamilton v. Dallas Cnty., 5th Cir. en banc. No. 21-10133, 8/18/23. Overruling its nearly 30-year precedent that actionable employment actions under Title VII must relate to … Continue Reading

EEOC Releases 2022-26 Strategic Plan Highlighting Agency Priorities Regarding Employment Discrimination

By Evandro Gigante, Laura Fant and David Gobel on Posted in Discrimination, Harassment and Retaliation
On August 22, 2023, the Equal Employment Opportunity Commission (“EEOC”) unveiled its four-year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying employment discrimination. Under the Government Performance and Results Act Modernization Act, agencies like the EEOC must develop and post a strategic … Continue Reading

EEOC Releases New Guidance on Accommodating Visually-Impaired Employees under the Americans with Disabilities Act

By Evandro Gigante, Laura Fant and David Gobel on Posted in Discrimination, Harassment and Retaliation
On July 26, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document titled “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” This guidance explains how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. The new guidance is part of a Q & … Continue Reading

Supreme Court Overturns Affirmative Action Precedent in Higher Education

By Evandro Gigante, Rachel Fischer and Olympia Karageorgiou on Posted in Discrimination, Harassment and Retaliation, Higher Education
On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 (June 29, 2023), that the race-conscious admissions programs at one public and one private institution covered by Title VI of the Civil Rights Act violated the Equal Protection Clause of the … Continue Reading

EEOC Releases New Employer Guidance On Pregnant Workers Fairness Act

By Tony Oncidi and Ryan McGill on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
As we covered here, the Pregnant Workers Fairness Act (PWFA) is effective today! As a reminder, the PWFA extends the requirements of the ADA to employees with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The EEOC stated that they will begin accepting charges of discrimination for incidents … Continue Reading

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
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