On May 14, 2024 the New Jersey Office of the Attorney General and the Division on Civil Rights (DCR) published guidance on Discrimination and Out-of-State Remote Workers. This guidance, which is not legally binding, aims to...more
On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more
On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”),...more
4/22/2024
/ Civil Rights Act ,
Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation. The recent...more
On August 22, 2023, the Equal Employment Opportunity Commission (“EEOC”) unveiled its four-year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying...more
Seattle has become the first U.S. city to approve legislation amending city ordinances to prohibit discrimination on the basis of “caste,” including in the context of employment. The proposals now go before the mayor for...more
On October 19, 2022, the Equal Employment Opportunity Commission released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster that covered employers under federal law are required to prominently display...more
The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings. The bill amends several aspects of the law, including,...more
5/2/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
On March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill...more
4/4/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New Legislation ,
New Regulations ,
Pay Transparency ,
Salaried Employees ,
State Labor Laws ,
Wage and Hour ,
Washington
The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law.
As we previously reported, the new law will make...more
3/25/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
NYCCHR ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings.
As we previously reported, the new law will make it an unlawful...more
3/22/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State. Several of...more
3/17/2022
/ Adverse Employment Action ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Labor Reform ,
New York ,
No-Hire/No-Solicitation Agreements ,
Non-Disclosure Agreement ,
NYSHRL ,
Public Employees ,
Regulatory Agenda ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
Tennessee Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates.
The new law supplements existing state law that prohibits private...more
3/17/2022
/ Adverse Employment Action ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Reasonable Accommodation ,
State Labor Laws ,
Tennessee ,
Vaccinations ,
Workplace Safety
The New York City Commission on Human Rights (the “Commission”) has issued updated legal enforcement guidance on the NYC Fair Chance Act (“FCA”) and employers’ consideration of criminal history in hiring and during...more
8/4/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Guidance ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
NYCHRL
The New York City Commission on Human Rights has issued new enforcement guidance on discrimination based on actual or perceived national origin or immigration status in employment, as well as in housing and public...more
10/16/2019
/ Employee Training ,
Employment Discrimination ,
Enforcement ,
Evidence ,
Housing Discrimination ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform and Control Act (IRCA) ,
Immigration Status Discrimination ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Public Accommodation ,
Raids ,
Social Security Administration (SSA) ,
Unfair Immigration-Related Practices ,
Workplace Investigations
New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more
6/25/2019
/ Affirmative Defenses ,
Attorney's Fees ,
Burden of Proof ,
Covered Employer ,
Damages ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Harassment ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Non-Employees ,
NYSHRL ,
Pending Legislation ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Statute of Limitations
New York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes...more
10/16/2018
/ Americans with Disabilities Act (ADA) ,
Cooperative Dialogue ,
Disability Discrimination ,
Domestic Violence ,
Employer Liability Issues ,
Employment Discrimination ,
Interactive Process ,
New Rules ,
NYCHRL ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
State Labor Laws ,
Undue Hardship
New Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018....more
6/11/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Housing Discrimination ,
Job Ads ,
Public Accommodation ,
Residential Real Estate Market ,
State Legislatures
The New Jersey state legislature has passed a new pay equity law which will, among other things, make it an unlawful employment practice to pay employees of any protected class under the New Jersey Law Against Discrimination...more
4/18/2018
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Gender-Based Pay Discrimination ,
National Origin Discrimination ,
New Legislation ,
Pay Equity Laws ,
Race Discrimination ,
Reporting Requirements ,
Sexual Orientation Discrimination ,
State Contractors ,
State Labor Laws ,
State Legislatures ,
Statute of Limitations ,
Wage and Hour
The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies. The eleven bills, collectively titled the Stop Sexual...more
3/6/2018
/ Amended Rules ,
Anti-Harassment Policies ,
City Councils ,
Complaint Procedures ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Violence ,
Local Ordinance ,
NYCHRL ,
Posting Requirements ,
Proposed Amendments ,
Sex Discrimination ,
Sexual Harassment ,
Statute of Limitations ,
Workplace Harassment Guidance
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the...more
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the...more
NYC Mayor Bill de Blasio has signed into law an amendment to the New York City Human Rights Law (NYCHRL) adding current or prior service in the uniformed services as a protected class under the law. The amendment will take...more
The Second Circuit is once again seeking guidance from the New York Court of Appeals, this time on the question of the appropriate standard for awarding punitive damages for unlawful discriminatory acts under the New York...more
The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law...more
9/1/2016
/ Aiding and Abetting ,
Appeals ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Human Rights ,
Independent Contractors ,
Joint Employers ,
NYHRL ,
Subcontracts