Latest Posts › Hiring & Firing

Share:

New York City Council Passes Prohibition on “Height” and “Weight” Discrimination

The New York City Council has passed a bill amending the City’s anti-discrimination statute (the New York City Human Rights Law or “NYCHRL”) to prohibit discrimination and harassment on the basis of an individual’s “height”...more

Board Warns Employers to Pare Back Overbroad Non-Disparagement and Confidentiality Provisions in Severance Agreements

Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in...more

New York City Amends Fair Chance Act, Further Limits Employers’ Consideration of Criminal History

The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history. The law will go into effect on or...more

Supreme Court Rules That Title VII Protects LGBTQ Employees

In a landmark opinion, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from employment discrimination. The Court’s holding will have major...more

Executive Compensation: Moving Forward in a COVID-19 World

Employers reacted in a variety of ways to cope with the unprecedented financial impact of COVID-19. Many of the initial executive compensation responses were designed as cost-cutting measures that would ease cash flow burdens...more

Governor Cuomo Signs Bill Updating the New York State Human Rights Law

On Monday, Governor Cuomo signed into the law the last of four bills aimed at strengthening workplace protections for employees. In mid-July, the Governor signed pay equity, salary history disclosure and hair discrimination...more

New York To Curb Employer Use of Applicant and Employee Wage and Salary History

Just days before concluding its legislative session, the New York Legislature enacted a law focusing on an employer’s acquisition and use of applicant and employee wage and salary history when making decisions regarding...more

A Summary of the Latest Changes to the New York State Human Rights Law

Just before the end of its session, the New York Legislature expanded protections against discrimination and harassment under the New York State Human Rights Law (NYSHRL). The Governor still has to sign the new bill into law,...more

New York State Department of Labor Releases Draft Sexual Harassment Prevention Materials

The New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights (DHR), has released drafts of its model sexual harassment prevention policy, complaint form, and harassment...more

New York Says #MeToo to Stronger Sexual Harassment Protections: A Summary of Action Items for Employers

In the wake of the #MeToo movement and the nationwide discourse over the prevalence of sexual harassment in the workplace, New York State and New York City have taken aggressive steps to implement stronger protections against...more

Spousal Jealousy Can Lead to a Viable Claim of Unlawful Gender Discrimination

Recent cases in New York and Pennsylvania demonstrate that, at least in some jurisdictions and under some circumstances, a plaintiff can state a valid claim for unlawful gender discrimination based on a spouse’s jealousy....more

March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the...more

FTC and DOJ Issue Antitrust Guidance for Human Resource Professionals

Last week the Federal Trade Commission and the Department of Justice jointly issued guidance to educate companies, and in particular human resource professionals, on how antitrust laws apply in the employment arena,...more

New California Law Will Require Online Entertainment Database Sites to Remove Age-Based Information

California’s governor has signed into law a bill aimed at discouraging discriminatory age hiring practices in the entertainment industry. The law focuses on internet websites identifying ages, but critics question whether...more

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

The New York City Commission on Human Rights Releases Enforcement Guidance on the Stop Credit Discrimination in Employment Act

Last week, the Stop Credit Discrimination in Employment Act became effective. It amended the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s...more

Ban the Box (Plus) Comes to New York City; Jurisdiction Latest to Prohibit Employers From Inquiring About Criminal History

Have you ever been convicted of a misdemeanor or felony that was not dismissed, expunged, or sealed? New York City employers, if you ask that question on your employment application or some version of that question, then...more

Supreme Court Holds That Employers Do Not Need Actual Knowledge of an Applicant’s Need for a Religious Accommodation Before They...

The Supreme Court recently held that job applicants may hold their potential employer liable for intentional discrimination under Title VII if the applicant can show that his or her need for an accommodation was a motivating...more

New York City Aims to Strengthen its Enforcement of Human Rights Law; Paired Testing Employment Discrimination Investigations on...

Mayor de Blasio recently signed a series of bills that, among other things, require the New York City Human Rights Commission – the agency responsible for enforcing the New York City Human Rights Law – to conduct employment...more

California District Court Holds That LinkedIn’s “Reference Searches” Function Not a Consumer Report under the Fair Credit...

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products. The decision in Sweet v....more

New York City Will Prohibit Most Employers From Basing Employment Decisions on an Applicant or Employee’s Consumer Credit History

The New York City Council passed the Stop Credit Discrimination in Employment Act last Thursday. It amends the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee...more

2015 Employment Law Issues Tournament: Second Round Results and Recaps

If you thought the Round of 64 was wild, then wait until you see what happened during the second round. Let’s just say that some shocking upsets left many a bracket busted wide open....more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide