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I Hear That Whistle Blowing: New York’s Expanded Whistleblower Law Raises Volume On Employers

New York State lawmakers have done it again – amending an often-forgotten whistleblower statute of limited application into a sweeping new source of employee rights that should make employers listen up and take notice. ...more

New York City Recognizes LGBT-Owned Businesses as Minority-Owned Businesses — Here Are the Details

New York City now recognizes LGBT-owned businesses as minority-owned businesses, which will give LGBT-owned businesses an opportunity to compete for billions of dollars of government contract opportunity. This new designation...more

Exculpatory Agreements: Mitigating COVID-19 Related Risks as the Economy Reopens

Stores, restaurants, bars, and other customer-facing business owners are in various stages of reopening around the country and facing a patchwork of regulations and recommendations for dealing with the ongoing pandemic. Many...more

Seventh Circuit Reverses Decision that Title VII Doesn’t Protect Against Anti-Gay Discrimination and Agrees to Re-hear Employment...

The Seventh Circuit reversed and vacated the panel decision holding that Title VII does not protect employees from anti-gay discrimination and will re-hear the case, Hivey v. Tech Community College, en banc. Kimberly Hively...more

Supreme Court Stays Fourth Circuit’s Ruling Affirming Transgender Students’ Bathroom Rights

The Supreme Court stayed a Fourth Circuit ruling that requires schools to allow transgender students to use the bathroom of the gender they identify as. We are monitoring the case for its impact on employers going forward. ...more

The U.S. Department of Justice and North Carolina Face Off On Transgender Rights

On Monday, the U.S. Department of Justice and the State of North Carolina exchanged federal law suits concerning the legality of a recently enacted North Carolina law known as “H.B. 2”. The law requires public agencies in...more

The Fourth Circuit Court of Appeals Sets Precedent, Undermining Rationale For Anti-Transgender Legislation and Policies

On Tuesday, the Court of Appeals for the Fourth Circuit issued a 2-1 ruling in Grimm v. Gloucester County School Board, No. 15-2056, finding that a transgender student has the right to sue his school board under Title IX for...more

EEOC Files First Suits Challenging Sexual Orientation Discrimination As Gender Bias

On March 1, the EEOC filed its first two lawsuits alleging that discrimination based on sexual orientation violates Title VII as a form of sex discrimination. Those two cases, against Scott Medical Health Center on behalf of...more

Spotlight on Business Courts

The New York Commercial Division celebrated its 20th anniversary in 2015. In the last 20 years, we have watched the creation and development of business courts or commercial courts within state-trial-court civil systems. The...more

Commercial Division Seeks Public Comment on Proposed Amendment to the Standard Form Confidentiality Order

Since its release in February 2007 by the New York City Bar Association’s Committee on State Courts of Superior Jurisdiction, many Commercial Division Justices throughout the state (and all but one Commercial Division Justice...more

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