Law and the Workplace

Tag Archives: Harassment

Proskauer Unveils Employment Law Toolkit and Hosts #Metoo Panel at HR Transform

On March 26 – 28, 2019, Harris Mufson, Danielle Moss, and Samantha Regenbogen attended the second annual HR Transform conference in Las Vegas, Nevada.  Proskauer was the exclusive legal sponsor of the conference. The HR Transform conference brought together business leaders and HR executives to discuss cutting edge issues regarding human resources and employee workplace … Continue Reading

Proskauer Delivers Webinar on Settling Employment Claims

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

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

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 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 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

New Hampshire Expands Protections Against Discrimination to Include Gender Identity

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

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

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 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

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

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

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

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

Chicago Passes Ordinance Requiring Hotels to Provide “Panic Buttons” To Certain Employees

On October 11, 2017, the Chicago City Council passed the Hotel Workers Sexual Harassment Ordinance (the “Ordinance”), which requires Chicago hotels to develop anti-sexual harassment policies and provide employees who work alone in hotel rooms with panic buttons. Employers who fail to comply with these requirements or retaliate against employees for invoking the Ordinance’s protections … Continue Reading

Seventh Circuit Becomes First Federal Court of Appeals to Hold That Sexual Orientation Discrimination Is Prohibited Under Title VII

In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII.  In so holding, the Seventh Circuit has become the first federal appellate court to extend the protections of Title VII … Continue Reading

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

Second Circuit sealIn a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped short of reconsidering prior Circuit precedent holding that Title VII does not expressly prohibit discrimination on the basis of sexual orientation. … Continue Reading

UPDATED: EEOC Seeks Public Comment on Proposed Enforcement Guidance on Unlawful Harassment

EEOC sealThe EEOC is seeking public comment on proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws enforced by the agency – namely, Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).  … Continue Reading

Governor Cuomo Signs Women’s Equality Agenda; New Law Strengthens Equal Pay Protections

On October 21, 2015, Governor Andrew Cuomo signed a group of eight laws, called the Women’s Equality Agenda, which expand protections for women in the workplace in New York. The act will become effective on January 19, 2016. The new laws give stronger protections to employees by amending existing laws to provide expanded equal pay … Continue Reading

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her] pregnancy was affecting [her] effectiveness” and who had complained about this to the employer’s Ethics Hotline. In … Continue Reading

EEOC Issues New Guidance on Accommodation of Religion

Today, the EEOC issued new guidance on accommodation of religion.  The guidance focuses on accommodation of religious clothing, garb and grooming.  However, it touches on other topics, such as religious harassment, as well.  While the guidance docs not set any new standards, employers should review the many examples of situations that would or would not … Continue Reading

NYC Issues Foreign Language Versions of New Pregnancy & Employment Rights Notice

Proskauer recently issued a client alert on the release of the new pregnancy and employment rights notice in English. Now available on the New York City Commission on Human Rights Web site are foreign language versions of the new notice in Chinese, Haitian Creole, Italian, Korean, Russian, and Spanish. For information on the time and … Continue Reading

The Florida Civil Rights Act Amendment

The Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment based on many protected categories but pregnancy is not expressly listed as one of them.  There has been a split in the Florida District Courts of Appeal as to whether pregnancy is covered under the FCRA.  To resolve the split, the Florida Supreme Court heard … Continue Reading
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