News & Analysis as of

Commission on Human Rights Employer Liability Issues

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

Proskauer - Law and the Workplace

NYC Employers Take Note – “Workers’ Bill of Rights” Website and Poster Released

The New York City Department of Consumer and Worker Protection (“DCWP”) has published its “Workers’ Bill of Rights” website and associated “Know Your Rights at Work” poster, which NYC employers will be required to begin...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

BCLP

Summary of the Bullying and Respect at Work Bill

BCLP on

At the moment, there is no claim that can be brought in an employment tribunal just for being bullied at work. The Bullying and Respect at Work Bill, if passed, would change that by creating a separate type of claim as...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law

Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Discrimination Laws Protect Intention to Become Pregnant, State Court Rules

The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons

As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of...more

Epstein Becker & Green

New York City Proposes Rule to Clarify That, in Addition to Race, “Hair Discrimination” Could Implicate Religion and Creed … and...

Epstein Becker & Green on

As we previously reported, in 2019, the New York City Commission on Human Rights (“Commission”) provided legal enforcement guidance (“Enforcement Guidance”) advising that workplace grooming and appearance policies “that ban,...more

Epstein Becker & Green

NYCCHR Issues Guidance on Discrimination Based on Immigration Status and National Origin

Epstein Becker & Green on

The New York City Commission on Human Rights (“the Commission”) published a legal enforcement guidance (“Guidance”) clarifying its standards with respect to discrimination based on actual or perceived immigration status and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine Enacts Pay Equality Law Banning Salary History Inquiries

Governor Janet Mills of Maine signed a pay equality bill into law on April 12, 2019, that bans employers from asking job applicants about their salary histories and broadens existing wage transparency requirements. The...more

Jackson Lewis P.C.

New York City Releases Model Policies For Lactation Room Law

Jackson Lewis P.C. on

The New York City Commission on Human Rights (CCHR) has released model policies for the City’s lactation room law, effective March 18, 2019....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Year, New Laws: Further Guidance on Complying With New York’s Anti–Sexual Harassment Laws

As we previously reported, New York State and New York City has passed sweeping laws aimed at combating sexual harassment in the workplace last year. While many requirements of these laws already went into effect in 2018, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cuyahoga County, Ohio Employer of Four or More? Ordinance Expands LGBTQ Protections

Employees in Cuyahoga County, Ohio, now enjoy more expansive protections against discrimination than they do under Ohio and federal law. On September 25, 2018, the Cuyahoga County Council passed County Ordinance No....more

Mintz - Employment Viewpoints

Reminder for NYC Employers: Sexual Harassment Compliance Begins Today!

Now that Labor Day is behind us, we are looking ahead to the various compliance deadlines facing New York State and New York City employers this fall. As a reminder, beginning today, September 6, 2018, all New York City...more

Mintz - Employment Viewpoints

NYC #MeToo Update: Sexual Harassment Poster and Employee Fact Sheet Just Released

Earlier this year, we wrote about the sweeping legislative changes enacted by New York State and New York City aimed at preventing workplace sexual harassment in the wake of #MeToo. Now, the NYC Commission on Human Rights...more

Jackson Lewis P.C.

New York City Commission On Human Rights Issues Mandatory Sexual Harassment Notice And Fact Sheet

Jackson Lewis P.C. on

The New York City Commission on Human Rights has released a fact sheet and mandatory posting consistent with the “Stop Sexual Harassment in NYC Act.” Effective September 6, 2018, all New York City employers must conspicuously...more

Epstein Becker & Green

Maryland Enacts New Sexual Harassment Law

Epstein Becker & Green on

On May 15, 2018, Maryland Governor Lawrence Hogan approved new legislation intended to respond to the #MeToo movement. Effective October 1, 2018, the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”)...more

Foley & Lardner LLP

No Summer Break for New York State’s and New York City’s Anti-Sexual Harassment Protections

Foley & Lardner LLP on

With the summer (and many vacations) now in full swing, it would be easy for employers to miss the anti-sexual harassment protections that were added to the New York Civil Practice Law and Rules (NY CPLR) and New York’s...more

Jones Day

"Me Too" Movement Triggers Legislation in New York State and City

Jones Day on

On May 9, 2018, New York City Mayor Bill de Blasio signed legislation designed to combat workplace sexual harassment. Similar legislation was passed as a part of the New York State Budget enacted on April 12, 2018. To ensure...more

Pillsbury Winthrop Shaw Pittman LLP

New York Response to #MeToo: New Laws Target Sexual Harassment

Sweeping new legislation in New York aims to prevent and shine light on sexual harassment. New York State employers will soon be prohibited from mandating arbitration of sexual harassment claims. They must also obtain...more

Brownstein Hyatt Farber Schreck

Mandatory Annual Sexual Harassment Training Is Imminent for NYC Employers

Effective April 1, 2019, companies with 15 or more employees will be subject to mandatory annual training requirements for employees in New York City. Part of the growing national trend to combat sexual misconduct in the...more

Katten Muchin Rosenman LLP

Employment Matters – UK, Featuring Topics on Gender Pay Gaps, Termination Payments, Sexual Harassment, Compensation Limits,...

Mythbusters: What Do the Gender Pay Results Really Mean? The gender pay gap figures have been a hot topic over the past few weeks as the 2018 deadline for reporting has passed. With approximately 1,500 qualifying employers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Employers – Get Ready to Tell the Government What You Pay Employees...or Else

The Ontario government recently introduced Bill 203, the Pay Transparency Act, 2018. The goal of this legislation is to increase transparency in pay practices in the hopes of closing the pay gap between male and female...more

Bradley Arant Boult Cummings LLP

Alabama Employers Take Note – Birmingham Joins Ranks of Cities with an Anti-Discrimination Ordinance

Last month, the Birmingham City Council passed an ordinance criminalizing discrimination in education, housing, employment, and public accommodations. The ordinance not only prohibits discrimination based on the federally...more

Fisher Phillips

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

Fisher Phillips on

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

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