A Los Angeles jury awarded a black former UCLA phlebotomist nearly $1.6 million in damages for being subjected to racial harassment by co-workers. Birden v. The Regents of the University of California, No. BC6681389 (Los...more
With the crowd’s chant of “equal pay” echoing at the Women’s World Cup soccer match and again as the champions float down the Canyon of Heroes, the issue of pay equality continues to be in the spotlight, and the New York...more
Harassment claims continue to dominate the legal news, but the Second Circuit recently reminded us that workplace harassment extends far beyond sex and gender.
The Circuit recently joined several sister circuits...more
In a decision that could have wide-ranging implications for all employers, the Fourth Circuit recently held that an employer’s failure to stop a false rumor that a female employee slept with her male boss to obtain a...more
As we enter the 3rd year of the #MeToo movement, all signs point towards another year of heightened legal activities in the area of gender discrimination and gender equality. Sexual harassment claims will continue to garner...more
As we close the books on 2018, New York employers really cannot relax after the bombardment of last year’s employment law changes. Many of these laws will require new levels of compliance in 2019, not to mention the new laws...more
1/7/2019
/ #MeToo ,
Anti-Harassment Policies ,
Employer Liability Issues ,
Fair Workweek ,
Lactation Accommodation ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Salary/Wage History ,
Sexual Harassment ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
While most of us rarely think about rubella – a largely forgotten disease that should have disappeared with the “MMR” vaccine – it was the focus of a recent Eighth Circuit decision this month. If you are asking yourself how...more
New York City employers were given some clarity this week regarding their obligations under the City’s Stop Sexual Harassment Act, as the New York City Commission on Human Rights released new FAQs about the law. These FAQs...more
This is not the first time you’ve heard from us about flu shots in the workplace. And here we are again. Each flu season, employers find themselves in the hot seat when well-intentioned attempts to implement a policy...more
Last week, the EEOC released preliminary data on sexual harassment claims for its 2018 fiscal year. The report (not surprisingly) shows an eye-popping rise in sexual harassment claims and enforcement activity – a trend acting...more
In August, the EEOC filed suit against Hackensack Meridian Health (“Hackensack”), a New Jersey healthcare network, alleging an employee was harassed due to religion. According to the complaint, Hackensack hired Jojy Cheriyan...more
On Friday, July 27, after a 3 week trial in Manhattan, a jury awarded $1.25 million in damages to Enrichetta Ravina, a former professor at Columbia University Business School, who claimed that she was denied tenure and forced...more
As the summer reaches its peak, New York employers may be more concerned with juggling employee vacation schedules than drafting new policies. But with New York’s recent anti-sexual harassment legislation coming into effect...more
On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget bill, which makes some big changes in the obligations of New York employers relative to sexual harassment.
The new law has both...more
Anti-harassment policies are nothing new and we would be shocked to find an employee handbook without one.
But, have they really worked?...more
In the past two weeks, we saw two major decisions in the area of LGBTQ rights in the workplace.
First, the Second Circuit in New York held that Title VII does prohibit discrimination based on sexual orientation. Zarda v....more
3/16/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Earlier, we blogged about James Damore, an engineer at Google who was terminated for his memo, which openly expressed his belief that women were not “biologically suited” for certain types of positions and criticism of the...more
Last week the EEOC released its annual report breaking down charges received during the fiscal year. In fiscal year 2017, the agency received 84,254 charges and took in $398 million between voluntary resolutions and...more
Retail employers beware: New York City’s predictive scheduling law went into effect on November 26, 2017, and now New York State is now getting in the mix. The New York State Department of Labor (“NYSDOL”) recently released...more
This year flu season came early and with a vengeance. As we mentioned in our October post, The Rise of Employee Religious Discrimination Claims, mandatory flu vaccines present a common pitfall for employers. As employers seek...more
As January draws to a close, New York employers are confronting the reality of many new laws and regulations that govern the employment relationship – from the new Paid Family Leave law, to the new federal tax law. We are...more
1/22/2018
/ Earned Sick Time ,
Employer Liability Issues ,
Freelance Isn't Free Act (FIFA) ,
Local Ordinance ,
Minimum Wage ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Salary/Wage History ,
Sexual Harassment ,
Wage and Hour ,
Work Schedules
Marijuana remains illegal under federal law. However, there are many states, and a few cities, which have legalized medical and recreational marijuana – creating challenges for employers, as these laws “sprout up” (pun...more
With the end of the calendar year in sight, employers must shift focus to ensure compliance with the New York State’s new Paid Family Leave (“PFL”) law, which goes into effect on January 1, 2018.
The Good News – The PFL,...more
Over the past year, we have all watched the garish spectacle of various sexual harassment scandals take down powerful men in media, Silicon Valley, and most recently Hollywood, where allegations of Harvey Weinstein’s lurid...more
On October 31, 2017, a new law goes into effect that prohibits employers in New York City from asking about, relying on, or verifying a job applicant’s salary history during the hiring process. This new law amends the New...more