Law and the Workplace

Tag Archives: Harassment

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

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

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

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

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

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

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

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

The Clock Is Ticking: Less Than Three Months Until the NYS Deadline for Mandatory Sexual Harassment Prevention Training

By Arielle E. Kobetz and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation
As we find ourselves in the midst of summer, employers in New York should keep an eye on the upcoming October 9th deadline for providing anti-harassment training to all employees. As we previously reported, effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual … Continue Reading

Connecticut Expands Sexual Harassment Training and Notice Requirements

By Arielle E. Kobetz, Harris Mufson and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
Connecticut Governor Ned Lamont recently signed into law the Time’s Up Act (the “Act”), which amends existing state law to impose greater sexual harassment training and notice requirements on employers. Training Requirements Currently, Connecticut law requires employers with 50 or more employees to provide two hours of sexual harassment training to all supervisory employees. While … Continue Reading

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

By Danielle J. Moss, Harris Mufson and Samantha Regenbogen Manelin on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

By Allan Bloom, Elise M. Bloom, Hayley H. Fritchie and Harris Mufson 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 Arielle E. Kobetz, Laura Fant, Evandro Gigante and Daryl Leon 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 York State Releases Draft Anti-Sexual Harassment Training and Policy Models for Public Comment

By Allan Bloom, Laura Fant and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
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

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

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

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 Allan Bloom and Harris Mufson 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 York City Council Passes the Stop Sexual Harassment in NYC Act

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