The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more
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
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
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
12/17/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
New York ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
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
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
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
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
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
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
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
10/22/2019
/ #MeToo ,
Adverse Employment Action ,
Complaint Procedures ,
Corporate Counsel ,
Educational Institutions ,
Employer Liability Issues ,
Employment Policies ,
Federal Rule 12(b)(6) ,
Hiring & Firing ,
Hostile Environment ,
Professional Misconduct ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Termination ,
Title IX ,
Witnesses ,
Workplace Investigations
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
6/21/2019
/ #MeToo ,
Corporate Counsel ,
Corporate Culture ,
Employer Liability Issues ,
Faragher/Ellerth defense ,
Harassment ,
Hostile Environment ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Regulatory Requirements ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
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
4/11/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Hostile Environment ,
Local Ordinance ,
Regulatory Oversight ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
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
2/22/2019
/ Adverse Employment Action ,
Civil Rights Act ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
New Guidance ,
NYCHRL ,
Protected Class ,
Race Discrimination ,
Religious Expression ,
Risk Management ,
State and Local Government ,
Title VII
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
1/31/2019
/ #MeToo ,
Criminal Penalties ,
Gender Identity ,
Legislative Agendas ,
Minimum Wage ,
Proposed Legislation ,
Protected Class ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules
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
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
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
8/27/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Executive Orders ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment
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
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
6/5/2018
/ Administrative Agencies ,
Anti-Discrimination Policies ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Private Sector ,
Religious Discrimination ,
Reversal ,
Same-Sex Marriage ,
SCOTUS
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
4/17/2018
/ Anti-Harassment Policies ,
Civil Rights Act ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
New Legislation ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Title VII
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
2/27/2018
/ Civil Rights Act ,
Corporate Counsel ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
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
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