Category Archives: Discrimination, Harassment and Retaliation
Subscribe to Discrimination, Harassment and Retaliation RSS FeedNew 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
On 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
NYC Commission on Human Rights Issues Proposed Rules Relating to Discrimination on the Basis of Gender Identity or Expression
The 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
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
Hawaii Enacts Salary History Inquiry Law
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
New 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
Vermont Enacts Salary History Inquiry Law
Vermont 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
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
New Jersey Governor Signs Sweeping Pay Equity Act Into Law
As anticipated, New Jersey Governor Phil Murphy has signed into law the Diane B. Allen Pay Equity Act (the “Act”). The Act will take effect on July 1, 2018, giving employers approximately two months to review their policies to ensure compliance. As we previously reported, the Act will, among other things, make it an unlawful … Continue Reading
Westchester County, New York Enacts Salary History Inquiry Law
The Westchester County, NY Board of Legislators has unanimously enacted legislation that will prohibit employers and their agents from relying on, requiring, requesting, or seeking information about a prospective employee’s wage history during the hiring process. The Wage History Anti-Discrimination Law (the “Law”) will become effective on July 9, 2018. The Law amends the Westchester … Continue Reading
New Jersey Legislature Passes New Pay Equity Bill
The New Jersey state legislature has passed a new pay equity law which will, among other things, make it an unlawful employment practice to pay employees of any protected class under the New Jersey Law Against Discrimination (“LAD”) at a lesser rate than other employees who perform “substantially similar work” unless the differential is based … Continue Reading
New York City Council Passes the Stop Sexual Harassment in NYC Act
The New York City Council has passed the Stop Sexual Harassment in NYC Act (the “Act”), a package of bills aimed at addressing and preventing sexual harassment in the workplace. The legislation is now awaiting the signature of Mayor Bill de Blasio. As we previously discussed in an earlier post, the Act would amend the New York City … Continue Reading
Governor Cuomo Signs New York State Budget Anti-Harassment Provisions Into Law
On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which, as we previously reported, includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. The signing of the budget bills triggers the countdown to the effective dates of the various … Continue Reading
New York State Budget Includes Workplace Anti-Sexual Harassment Measures
The New York State Legislature and Governor Andrew Cuomo have reached agreement on a $168 billion budget deal for the 2019 fiscal year, which began on April 1, 2018. The budget includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. Many of the measures mirror legislation that … Continue Reading
[Podcast]: Recent Developments in Title VII
Massachusetts Attorney General Issues Guidance on Updated Pay Equity Law
The Massachusetts Office of the Attorney General recently issued guidance on the new amendments to the Massachusetts Equal Pay Act (“MEPA”), effective July 1, 2018. Although the guidance is extremely detailed and should be reviewed in full, employers should take note of the following details: Coverage The MEPA and amendments are substantial in scope, covering … Continue Reading
Are You Prepared for the Massachusetts Pregnant Workers Fairness Act to Go Into Effect on April 1?
As the April 1, 2018 effective date of the Massachusetts Pregnant Workers Fairness Act (“MPWFA”) draws near, it is time to ensure that company policies and practices are in compliance with the new law. Within the last few months, the Massachusetts Commission Against Discrimination (“MCAD”) has issued interpretative guidance (including initial guidance issued January 23, … Continue Reading
Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII
In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex and therefore prohibited under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case … Continue Reading
NYC Council to Consider Series of Bills Aimed at Addressing Workplace Sexual Harassment
The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies. The eleven bills, collectively titled the Stop Sexual Harassment in NYC Act, were jointly introduced by the Council Committee on Women and the Committee on Civil and … Continue Reading
