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#MeToo: New York State Court Allows Actor’s Claims Against Entertainment Companies to Proceed Based on Alleged Conduct in 1995 by...

A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted...more

#MeToo Update: The Adult Survivors Act for New York Employers

New York State’s Adult Survivors Act (ASA), which was enacted on November 24, 2022, amends the state’s statute of limitations for civil claims alleging certain sexual offenses—which may include any unwanted sexual contact in...more

Vax Up, Speak Up, or Stay Home: New York City Issues New Guidance on Vaccination Mandates for Private Workplaces and the Key to...

As previously reported, New York City’s vaccination mandate for private employers goes into effect on December 27, 2021. This measure, issued as an order from the New York City health commissioner in response to a public...more

“We Are Not Going Back”: New York City Announces Vaccine Mandate for Private-Sector Employers

On Monday, December 6, 2021, New York City announced a first-in-the-nation vaccine mandate for private-sector employers, which must now require vaccinations for all employees who work in person in the city. ...more

A Return to Work Roadmap for New York Employers

After weeks or months of remote work or closed operations, businesses are understandably eager to resume normal operations and bring employees back to the workplace.  Employers must be mindful, however, of currently...more

An Unemployment Insurance Roadmap for New York Employers

During the current COVID-19 crisis, over one million New Yorkers have applied for unemployment insurance (UI) and New York State has paid out over $7 billion in benefits. Despite these numbers, many employers do not...more

Is the Future U.S. Workplace a Work Share Program?

In response to COVID-19 and the current economic downturn, employers across the country have experienced a dramatic decline in business and a lack of work for their employees. As a result, many employers had no choice but to...more

A COVID-19 Roadmap for New York Employers

The U.S. response to the COVID-19 outbreak has included rapid and dramatic changes in local, state and federal employment laws. Some New York employers are struggling to understand the new paid leave laws while others are...more

#MeToo: In Defense of Nondisclosure Agreements

Nondisclosure Agreements (NDAs) have recently come under fire within the #MeToo debate. Opponents of the NDA argue that its sole (and negative) purpose is to silence victims of sexual harassment and allow those accused to...more

Has #MeToo Created a New Claim of Male-Bias Discrimination?

Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more

New York State Significantly Expands its Workplace Harassment Laws (Again)

As its session draws to a close, the New York State Legislature substantially revised the state’s anti-discrimination and anti-harassment laws this week, and Governor Andrew Cuomo has promised to sign the new measures...more

New York City Publishes Sexual Harassment Prevention Training Video and New FAQs

As we have previously reported, New York State and New York City both enacted legislation in 2018 that require New York employers to train their employees in workplace sexual harassment prevention. ...more

New York City Commission on Human Rights Provides Legal Enforcement Guidance on Race Discrimination on the Basis of Hair

The New York City Commission on Human Rights (NYCCHR) released enforcement guidance on Monday, February 18, 2019, defining discrimination based on natural hair and hairstyles as a subset of race discrimination....more

New York Employers Can Expect Significant Legislative and Regulatory Activity in 2019

It has never been easy for businesses to keep up with and ensure compliance with New York State’s and New York City’s employment laws, but calendar year 2018 presented a unique amount of new challenges for employers. ...more

New York City Moves to Prohibit Discrimination Based on Family Planning and to Protect Reproductive Choice

In case you missed it: On December 20, 2018, the New York City (NYC) Council added “sexual and other reproductive health decisions” to the list of protected classes under the NYC Human Rights Law. ...more

New York City Will Require Employers to Provide Greater Workplace Accommodations for Lactating Employees

On November 17, 2018, Sections 8-102 and 8-107(22) of the New York City Administrative Code were amended to require employers in New York City with four or more employees to (1) provide designated lactation room(s) for...more

NY Agencies Publish Draft Sexual Harassment Model Policy, Complaint Form, and Training

On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law....more

New York Sexual Harassment Laws – The City Commission Publishes Poster and Fact Sheet

In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior...more

The Supreme Court’s Ruling in Masterpiece Cakeshop: A Masterpiece on Dodging Key Constitutional Issues

On June 4, 2018, the Supreme Court issued its decision in Masterpiece Cakeshop, Ltd. and Jack C. Phillips v. Colorado Civil Rights Commission. In a 7-2 opinion authored by Justice Anthony Kennedy, the Court held that the...more

New York State And City Expand Anti-Harassment Requirements For Employers

Both the New York State Legislature and the New York City Council recently adopted new legislation targeting sex discrimination and sexual harassment in the workplace. ...more

Another Federal Appeals Court Finds Title VII Prohibits Sexual Orientation Discrimination

On February 26, 2018, a majority of the entire U.S. Court of Appeals for the Second Circuit held, in Zarda v. Altitude Express Inc., that Title VII prohibits workplace discrimination on the basis of sexual orientation. With...more

Title IX and Defamation: An Emerging Challenge Facing Higher-Education Institutions

There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months, eliminating sexual harassment and assault on campuses remains a...more

DOE Rescinds Prior Guidance on Title IX and Sexual Violence, Issues Interim Advice on Campus Sexual Misconduct

On September 22, 2017, the U.S. Department of Education (DOE) rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.1 This is...more

NAIS and TABS Release Their First Task Force Report on Addressing Educator Sexual Misconduct

On August 22, 2017, the National Association of Independent Schools (NAIS) and the Association of Boarding Schools (TABS) released their first joint report on sexual misconduct in independent schools. The report can be found...more

Is Sexual Orientation Protected Under Title VII? The DOJ Weighs In

Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...more

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