Seyfarth Synopsis: A new law in New York City restricts the use of artificial intelligence (“AI”) to screen candidates for employment or promotion, and will take effect on January 1, 2023. Although employers have a year to...more
For decades, courts and practitioners have struggled with whether federal law protects employees against discrimination on the basis of sexual orientation and gender identity. Yesterday, in a landmark 6-3 decision authored by...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: On October 8th, the Supreme Court heard oral argument in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. In much of the...more
10/9/2019
/ Altitude Express Inc v Zarda ,
But For Causation ,
Civil Rights Act ,
Employment Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Wrongful Termination
Seyfarth Synopsis: Both houses of the New York State Legislature passed the Gender Expression Non-Discrimination Act, which prohibits discrimination on the basis of gender identity or expression and adds offenses motivated...more
In the wake of the #MeToo movement, there has been considerable buzz surrounding workplace culture. For many employers, simply satisfying basic legal requirements is a thing of the past....more
8/7/2018
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hostile Environment ,
Leadership ,
Local Ordinance ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: In line with a wave of salary history bans going into effect across the country, Albany County, New York just passed its own salary history ban. ...more
11/14/2017
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
Pay Equity Laws ,
Popular ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: The New York City Commission on Human Rights (the “Commission”) recently issued additional guidance in the form of “Frequently Asked Questions” on the Salary History Law that goes into effect on October 31,...more
10/13/2017
/ Acquisitions ,
Best Practices ,
Criminal Background Checks ,
Deferred Compensation ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Popular ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: On September 12, 2017, the New York City Commission on Human Rights released two eagerly-awaited Fact Sheets to aid in the interpretation of the NYC salary history ban, which goes into effect on October 31,...more
9/18/2017
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
Pay Equity Laws ,
Regulatory Oversight ,
Salary/Wage History ,
Wage and Hour
The SEC’s Office of the Whistleblower continues to examine employee severance, settlement and confidentiality agreements for language that might chill reporting of securities violations to the SEC and other regulators. The...more
8/22/2016
/ Cease and Desist ,
Confidentiality Agreements ,
Dodd-Frank ,
Enforcement Actions ,
Fines ,
Health Net ,
Popular ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Severance Agreements ,
Waivers ,
Whistleblower Awards ,
Whistleblowers
Seyfarth Synopsis: The New York City Commission on Human Rights has issued a Gender Identity and Expression “Info Card,” expanding on its recent enforcement guidance, and reminding covered entities that they must permit...more
Today, the New York City Commission on Human Rights (“NYCCHR”), held a public hearing on the proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against...more
The New York City Commission on Human Rights (“NYCCHR”) recently announced that it collected $1.4 million in penalties in 2015, which is double the amount collected in 2014. Carmelyn P. Malalis joined the NYCCHR in February...more
The New York City Commission on Human Rights (“NYCCHR”) has published proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against job applicants and...more
Former brokers of Fordham Financial Management will have to put this one in the “loss” column. Judge Paul Crotty of the Southern District of New York granted Fordham’s motion to decertify the FLSA collective in their lawsuit...more
On January 5, 2016, New York City Mayor Bill de Blasio signed a bill amending the New York City Human Rights Law to extend non-discrimination protections to “caregivers.” The law will now allow employees to sue employers on...more
On November 5, 2015, the New York City Commission on Human Rights released its long awaited Enforcement Guidance governing the New York City Fair Chance Act, which makes it unlawful to request or consider an applicant’s...more
Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act...more
10/26/2015
/ Adverse Employment Action ,
Background Checks ,
Conditional Job Offers ,
Credit Discrimination ,
Credit Reports ,
Criminal Background Checks ,
Criminal Records ,
Employee Training ,
Employer Liability Issues ,
Employment Application ,
Exceptions ,
Fair Chance Act ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
New Legislation ,
Notice Requirements ,
NYCCHR ,
NYCHRL ,
SCDEA
Earlier this year, the New York City Council passed two laws which place limitations on an employer’s ability to use background checks including credit checks (otherwise known as consumer reports) in employment decisions: the...more
10/2/2015
/ Background Checks ,
Credit Checks ,
Criminal Background Checks ,
Employment Discrimination ,
Exceptions ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Financial Industry Regulatory Authority (FINRA) ,
Human Rights ,
NYCCHR ,
SCDEA
As we blogged about previously, Mayor Bill De Blasio signed into law the Stop Credit Discrimination in Employment Act (“SCDEA”) in May. The SCDEA went into effect on September 3, 2015 and it prohibits employers from using an...more
On June 10, 2015, the New York City Council voted to prohibit private employers from asking job applicants questions about criminal convictions on job applications. Under the Fair Chance Act (the “Act”) an employer may ask...more