On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more
7/24/2023
/ Americans with Disabilities Act (ADA) ,
Denial of Certiorari ,
Disability ,
Employer Liability Issues ,
Gender Dysphoria ,
Gender Identity ,
LGBTQ ,
Public Accommodation ,
Reasonable Accommodation ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title I ,
Title III ,
Transgender
On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit held that gender dysphoria can qualify as a disability under the Americans with Disabilities Act (the “ADA”). This is the first federal appellate decision which...more
On January 10, 2021, Int. 1314-A (“Law”) was enacted, and it goes into effect on July 28, 2021. The Law significantly expands job applicants’ protections under New York City’s Fair Chance Act (“FCA”), otherwise known as the...more
3/11/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New York ,
State and Local Government
Among other provisions, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) mandates that covered employers generally must provide employees on USERRA leave with the same “rights and benefits”...more
In the last several years, a growing number of states and municipalities have passed “ban the box” laws that to varying degrees prohibit employers from inquiring into a job applicant’s criminal background until later in the...more
As we previously reported, last year, New York State expanded its election leave law to allow employees more paid time off if needed in order to vote on Election Day (increasing the paid time off from two to three hours). ...more
New York’s salary history ban (“Law”) becomes effective today, January 6, 2020. To help employers comply with their obligations under the Law and to advise employees of their rights, the state has issued guidance...more
On November 8, 2019, Governor Cuomo signed A584/S660 (“Law”) into law, one bill in a series of legislation meant to protect reproductive health rights. Under the Law, all New York employers are prohibited from discriminating...more
12/5/2019
/ Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Governor Cuomo ,
Human Rights Code ,
New Legislation ,
Reproductive Discrimination ,
State Labor Laws
On October 13, 2019, New York City enacted Int. 136-A (“Law”), which will extend the employment protections of the New York City Human Rights Law (“NYCHRL”) to freelancers and independent contractors, thereby allowing these...more
On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more
4/17/2019
/ Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Mayor de Blasio ,
OSHA
As we previously reported, effective March 17, 2019, employers with four or more employees in New York City must provide employees with break time and a private space to express milk, unless doing so would cause undue...more
After nearly 16 years of legislative efforts, the New York State Legislature passed the Gender Expression Non-Discrimination Act (“GENDA” or “Law”), explicitly adding “gender identity or expression” as a protected class under...more
On January 20, 2019, Int. No. 863-A (“Law”), which, among other things, prohibits employment discrimination based on an individual’s sexual and reproductive health choices, became law following the New York City Council’s...more
Recent headlines have highlighted changes occurring in the workforce. Generation Z will be entering the workforce in the new year, marking five generations working side by side. Therefore, as 2019 approaches, it will be...more
12/28/2018
/ #MeToo ,
Bias ,
Corporate Culture ,
Decriminalization of Marijuana ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender Discrimination ,
Gender Identity ,
Hostile Environment ,
NYCHRL ,
Pay Equity Laws ,
Sexual Harassment ,
State Labor Laws
The New York City Commission on Human Rights (“Commission”) recently issued a 146-page guide titled “Legal Enforcement Guidance on Discrimination on the Basis of Disability” (“Guidance”), to educate employers on their...more
Five Issues in Focus for Financial Services -
For this edition of the Take 5 for financial services, we focus on a number of very well-publicized issues. The tidal wave of sexual harassment allegations that followed the...more
11/29/2017
/ Employer Liability Issues ,
Executive Compensation ,
Financial Services Industry ,
Hiring & Firing ,
Human Resources Professionals ,
Pay Gap ,
Pay Ratio ,
Political Speech ,
Risk Management ,
Salary/Wage History ,
Sexual Harassment ,
Trade Secrets