Here is what we cover in this issue of Employment Law Reporter Autumn 2023: • The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York...more
A New York federal court recently held that an employee working remotely from New Jersey solely due to the COVID-19 pandemic cannot assert claims under the New York State and New York City anti-discrimination laws. In...more
New York employers must be aware of several important changes to employment laws that have already come into effect during 2022, those that have imminent effect (with deadlines just around the corner!), and those that are...more
Employers in New York may be liable for the failure to hire a convicted murderer, a federal court judge in the state ruled, refusing to dismiss a proposed class action. Henry Franklin was convicted of second-degree murder...more
Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections....more
• Amendments to the New York State Human Rights Law (NYSHRL) lower the bar for employees and individual nonemployees pursuing discrimination and harassment claims. • In several respects, the amendments align the NYSHRL...more
New York Governor Andrew Cuomo recently signed legislation amending state law to explicitly prohibit discrimination based on hair texture or protective hairstyles as race-based discrimination. The new law took effect...more
Adding to an already busy summer of New York state employment law developments, employers and human resources professionals should take note of an amendment to the state’s Human Rights Law that adds protections for employees...more
Seyfarth Synopsis: In an Equal Pay Act collective action lawsuit brought by female school crossing guards against the City of New York, who alleged they were paid less than male traffic enforcement agents, a federal district...more
A New York appeals court recently ruled in Edwards v. Nicolai (153 A.D.3d 440 (N.Y. App. Div. 1st Dep’t 2017)) that an employment termination motivated by the sexual jealousy of an employer’s spouse may support a claim for...more
In a solid win for New York City employers, the New York Court of Appeals held that a worker cannot bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism. Through...more
Can a worker bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism? We’ll soon find out, as the U.S. Court of Appeals for the 2nd Circuit has certified the...more
New York State and New York City both recently enacted regulations and enforcement guidance designed to prohibit discrimination on the basis of gender identity, transgender status, gender expression and gender dysphoria. Both...more
On June 10th, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering an...more
A new bill introduced in the New York State Senate would extend many of the protections of the New York State Human Rights Law (NYSHRL) to unpaid interns. Among other things, the bill would make it illegal for employers to...more
In a recent decision from the Appellate Division, First Department, a unanimous panel reinstated claims asserted by three plaintiffs under the New York City Human Rights Law (“NYCHRL”). The plaintiffs in Hernandez, et al. v....more