Law and the Workplace

Tag Archives: discrimination

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

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

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

By Joseph O’Keefe, Edward Young and Hannah Morris on Posted in Artificial Intelligence, Workplace Policies and Procedures
As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures, we have yet to see a proliferation of litigation in this area. However, that may soon be … 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

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

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

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

Sweeping Expansion of Protections Relating to Workplace Discrimination on the Horizon in New York State

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State.  Several of these bills, if ultimately enacted, would potentially lead to a groundbreaking shift in how employers approach settlement of discrimination, harassment and retaliation … Continue Reading

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding the treatment of workers with caregiving responsibilities. The new guidance reiterates that while the status of being a caregiver is not a protected … Continue Reading

[Podcast]: A COVID-19 Employment Law Update

By Evandro Gigante and Steven Hurd on Posted in Coronavirus, The Proskauer Brief Podcast
In this episode of The Proskauer Brief, partners Evandro Gigante and Steve Hurd discuss key developments regarding the COVID-19 pandemic, including employer vaccination policies, the forthcoming OSHA emergency temporary standard and the New York State HERO Act. So be sure to tune in as we explore the latest trends we are seeing in terms of employer-imposed vaccine mandates.  … Continue Reading

December 31, 2020 Deadline Looms for Illinois Employers to Conduct Sexual Harassment Training

By Edward Young, Hannah Morris and Steven J. Pearlman on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to provide employees with sexual harassment prevention training by December 31, 2020, and on at least an annual basis thereafter.  Such training must comport with the minimum requirements established by the Illinois Department of Human Rights’ (“IDHR”) model … Continue Reading

New Jersey to Consider Mandatory Anti-Harassment Training and Other Significant Expansions of the NJ Law Against Discrimination

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
New Jersey Governor Phil Murphy has unveiled a sweeping legislative proposal regarding harassment in the workplace, as well as in housing, public accommodations, and business relationships. The proposal would amend the NJ Law Against Discrimination (“NJLAD”) in numerous significant ways. The proposed legislation to a large extent mirrors that which has been introduced in several … Continue Reading

New York City Extends Human Rights Law Protections and Training Requirements to Freelancers and Independent Contractors

By Arielle E. Kobetz, Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
NYC Commission on Human RightsEffective January 11, 2020, the New York City Human Rights Law (“NYCHRL”) has been amended to expand protections under the law to freelancers and independent contractors.  Significantly, this includes the requirement that certain contractors now complete annual sexual harassment prevention training in the same manner as covered employees.  Contractors also are now eligible for reasonable … Continue Reading

EEOC Rescinds Its Long-Standing Policy Statement On Arbitration Agreements

By Allison Martin and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
The EEOC has rescinded its 1997 Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the “Policy Statement”), which set forth the Commission’s position that agreements requiring mandatory arbitration of discrimination claims as a condition of employment are contrary to the principles of the federal employment discrimination statutes. In … Continue Reading

Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers

By Jordan Glassberg and Mark W. Batten on Posted in Arbitration, Class/Collective Action, Title VII
On November 18, 2019, the United States Court of Appeals for the Second Circuit revived a potentially sweeping class action against Sterling Jewelers, Inc. (“Sterling”), holding that potentially tens of thousands of female employees could take part in an arbitration class involving claims of sex discrimination.  The Second Circuit’s holding is the latest in the … Continue Reading

NYC Commission on Human Rights Issues Enforcement Guidance on National Origin and Immigration Status Discrimination

By Arielle E. Kobetz, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
NYC Commission on Human RightsThe New York City Commission on Human Rights has issued new enforcement guidance on discrimination based on actual or perceived national origin or immigration status in employment, as well as in housing and public accommodations.  While enforcement guidance does not have the same force of law as a statute or formal regulations, it provides significant … Continue Reading

New York State to Require Reasonable Accommodation for Victims of Domestic Violence

By Arielle E. Kobetz, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
Leave of absence formNew York Governor Andrew Cuomo has signed into law amendments to the New York State Human Rights Law (NYSHRL) that expand protections for employees who are victims of domestic violence.  The amendments will take effect on November 18, 2019. While the NYSHRL has long prohibited discrimination against victims of domestic violence, the amendments expressly state … Continue Reading

New York State Significantly Expands Workplace Anti-Discrimination Protections

By Arielle E. Kobetz, Laura Fant and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State. As we previously reported in detail, the new legislation includes numerous measures regarding discrimination and harassment in all forms (not just sexual harassment) in the workplace.  The signing of the bill triggers the countdown to … Continue Reading

New Jersey Expands Medical Marijuana Protections

By Arielle E. Kobetz, Evandro Gigante and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
On July 2, 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) to provide greater clarity on the legal protections for both employers and employees. CUMMA, which was signed into law on January 18th, … Continue Reading

New York State to Expand Protections Against Discriminatory Pay Practices

By Arielle E. Kobetz, Evandro Gigante and Laura Fant 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 Arielle E. Kobetz, Evandro Gigante and Laura Fant 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
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