Law and the Workplace

Tag Archives: discrimination

New York State to Expand Protections Against Discriminatory Pay Practices

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019.  The law will take effect on October 8, 2019. The New York State legislature has passed a bill that, if signed by Governor Andrew Cuomo, will expand pay protections by requiring employers to provide employees with equal pay for “substantially similar” work … Continue Reading

U.S. Supreme Court Holds That Filing an EEOC Charge Is Not a Jurisdictional Requirement for Title VII Suits

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration
In a unanimous decision in Fort Bend County, Texas v. Davis, the United States Supreme Court held that while an employee has a mandatory obligation to file a charge with the EEOC prior to bringing a discrimination suit under Title VII, such obligation is a procedural, rather than jurisdictional, requirement.  The key takeaway for employers … Continue Reading

SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity

By Evandro Gigante, Arielle E. Kobetz and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity.  In two of the cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, the Court will consider whether Title VII’s prohibition on … Continue Reading

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

By Evandro Gigante, Samantha Shear and Nayirie K. Mehdikhani on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

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

By Mark W. Batten, Samantha Regenbogen Manelin 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

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

[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

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

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

New Jersey Legislature Passes New Pay Equity Bill

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Discrimination, Harassment and Retaliation, Wage and Hour, Workplace Policies and Procedures
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

Governor Cuomo Signs New York State Budget Anti-Harassment Provisions Into Law

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation
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

By Allan Bloom, Laura Fant and Bassam Gergi on Posted in Discrimination, Harassment and Retaliation
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

By Harris Mufson and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Performance Management, Discipline & Termination, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex discrimination under Title VII, one by the Second Circuit and the other by the Sixth Circuit. In addition, we will highlight some of … Continue Reading

Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation
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

By Evandro Gigante, Laura Fant and Meika Freeman on Posted in Discrimination, Harassment and Retaliation
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

Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Second Circuit sealIn an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case involved Donald Zarda, a gay … Continue Reading

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

By Mark W. Batten and Samantha Regenbogen Manelin on Posted in Discrimination, Harassment and Retaliation
A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018.  The bill (House Bill 4058), which proposes legislation that would prohibit enforcement of mandatory arbitration agreements “relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or … Continue Reading

2017 Form EEO-1 Survey Now Available

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Discrimination, Harassment and Retaliation
EEOC sealYesterday, the 2017 EEO-1 Survey became available.  Private employers with 100 or more employees and federal government contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more must file EEO-1 reports. As you may recall, last year the U.S. Equal Employment Opportunity Commission (“EEOC”) attempted to revise the Form EEO-1 … Continue Reading

Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an Accommodation

By Evandro Gigante, Harris Mufson and Bassam Gergi on Posted in Accessibility & Accommodation, Litigation and Arbitration, Workplace Policies and Procedures
The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to mandate that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a reasonable accommodation. On January 19, 2018, because the Mayor failed to take action within thirty days of its passage, the … Continue Reading

New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are breastfeeding or expressing milk.  The amendments also require employers to provide reasonable accommodation to breastfeeding employees.  The amendments took effect immediately upon signing by the Governor … Continue Reading

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

By Tony Oncidi and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring process. The law, which will go into effect on January 1, 2018 and will apply to all private and public … Continue Reading
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