Allyn & Fortuna LLPBy: Megan J. Muoio, June 2, 2017 On March 27, 2017, a three-judge panel of the United States Court of Appeals for the Second Circuit decided in favor of the plaintiff in Christiansen v. Omnicom Group, Inc., a case involving the issue of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964. In Christiansen, a gay employee brought a suit against his employer under the sex discrimination provision of Title VII. The employer moved to dismiss the complaint, arguing that sexual orientation discrimination…
Diana Uhimov, March 16, 2017 The Equal Employment Opportunity Commission (EEOC) recently issued proposed guidance on workplace harassment. The EEOC is a federal agency charged with enforcing laws that protect individuals from harassment based on race, color, religion, sex, national origin, disability, age, or genetic information. The Proposed Enforcement Guidance on Unlawful Harassment clarifies the legal standards that apply to harassment claims under federal employment discrimination laws. In its press release accompanying the issuance of the proposed guidance, the EEOC stated that the new direction is essential because of…
Paula Lopez, March 11, 2016. New York City’s Council has been active in passing legislation that impacts the workplace and imposes new legal obligations on New York City employers. This week, we discuss the recently enacted New York City Commuter Benefits Law and the Caregiver Discrimination Act, and highlight employment related legislation currently pending before the New York City’s Council. New York City’s Commuter Benefits Law (NYCCBL) went into effect on January 1, 2016. NYCCBL requires employers with 20 or more full-time employees working in New York City…
Paula Lopez, February 9, 2016. The Women’s Equality Act (“WEA”) went into effect on January 19, 2016. The WEA is a combination of five bills signed into law by Governor Cuomo on October 21, 2015. The various provisions are intended to serve as a comprehensive means for protecting women’s rights in the workplace and affording enhanced remedies for plaintiffs who prevail in litigation brought for violations of the law. The key employment-related provisions of the WEA amend New York’s Labor Law (NYLL) and Human Rights Law (NYSHRL) and…
Diana Uhimov, January 7, 2016 On December 19, 2015, the New York City Commission on Human Rights announced that the city’s Human Rights Law would establish among the strongest protections in the country for transgender people. New York City landlords, employers and businesses will be subject to the new regulations. Gender identity and expression bias has been illegal in New York City since 2002. But the announcement provided guidance for the first time on what conduct constitutes discrimination under the city’s Human Rights Law, setting forth penalties of…
Paula Lopez, May 12, 2015. On May 6, 2015, Mayor Bill De Blasio signed into law Bill A-261A, which amends the New York City Human Rights Law (NYC HRL) to prohibit employers, labor organizations and employment agencies from conducting credit checks as part of their hiring process and from discriminating against an applicant or employee based on credit history. Although the new law provides for certain exemptions where employers are permitted to request and rely on credit-related information, the exemptions are limited. Employers with four or more employees…
Nicholas Fortuna, October 1, 2014. Google is making it a high priority to uncover unintended bias at the workplace and in hiring. Unconscious bias in hiring may lead to liability under federal and state employment law. Prevention policies, when properly implemented and followed, will avoid such biases from creeping into the decision making process. If the employer’s hiring policies include listing the qualities sought in a candidate in advance and follow a structured process, it is less likely that the employer will discriminate in hiring, and it is…
Paula Lopez, July 31, 2014. Last week, Governor Andrew Cuomo signed legislation that will provide unpaid interns throughout the State of New York with the same state law protections against discrimination and sexual harassment in the workplace as paid employees. The amended law takes effect immediately. Until recently, only unpaid interns in Oregon and Washington D.C. were similarly protected. Earlier this year, the New York City Council, by unanimous vote, passed an amendment to the City’s Human Rights Law, extending its anti-discrimination and anti-harassment provisions to unpaid interns….