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Hiring & Firing › NYHRL

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Proskauer - Law and the Workplace

Mandatory “Bias Audits” and Special Notices to Job Candidates: New York City Aims to Regulate the Use of Artificial Intelligence...

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As previously discussed here, the use of artificial intelligence in the workplace has drawn scrutiny from regulatory bodies and activist groups who have expressed concern that such technology may not neutrally screen...more

Littler

WPI State of the States – Hot Topics During the Summer Cool-Down

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Students across the country are heading back to school, but most state legislatures are either in recess or have adjourned for 2019. States that were still in session in August did advance several significant bills, while the...more

Hogan Lovells

New York State Statute Now Protects Gender Identity in the Workplace

Hogan Lovells on

Employers in New York should ensure that their policies and practices are compliant with changes to New York law that are set to take effect soon....more

Proskauer - Law and the Workplace

Mayor de Blasio Signs Stop Sexual Harassment in NYC Act Into Law

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On May 9, 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which, as we previously reported, is a package of bills aimed at addressing and preventing sexual...more

Jackson Lewis P.C.

New York City Council Passes Bill Requiring Employers To Engage Employees In Accommodations Dialogue

Jackson Lewis P.C. on

The New York City Council has passed a bill requiring entities covered by the New York City Human Rights Law (HRL) to engage in cooperative dialogue with individuals who may be entitled to reasonable accommodations under the...more

Epstein Becker & Green

New York City’s Impending Salary History Inquiry Ban: What You Need to Know

Epstein Becker & Green on

On October 31, 2017, New York City’s new salary history inquiry law (“Law”) will take effect. The Law bans employers from: - requesting a job applicant’s salary history (which includes the applicant’s current or prior...more

Proskauer - Law and the Workplace

Fact Sheets for Employers and Applicants Issued on NYC Salary History Inquiry Law

Proskauer - Law and the Workplace on

As the October 31, 2017 effective date for the New York City salary history inquiry law fast approaches, the NYC Commission on Human Rights (the “Commission”) has issued two new fact sheets addressing applicants’ rights, and...more

Fox Rothschild LLP

Third Party Contractor Liability Under The New York State Human Rights Laws

Fox Rothschild LLP on

On May 31, 2017, the Second Circuit seemingly broadened the scope of liability under a New York state anti-discrimination law by holding that non-employer third parties can be held liable for violating rules regarding the use...more

Bond Schoeneck & King PLLC

New York Court of Appeals Holds that Out-of-State Entities Can be Liable for Aiding and Abetting Discrimination Under the New York...

Bond Schoeneck & King PLLC on

Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: you can be subject to liability under the New York Human Rights Law (“NYHRL”) if you “aid and abet”...more

Proskauer - Law and the Workplace

New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions

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In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a...more

Proskauer - Law and the Workplace

New York City Council Approves Bill Restricting Employer Inquiries Into Applicants’ Salary History

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The New York City Council has approved a bill that would make it unlawful for private employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception. The bill now goes...more

Akin Gump Strauss Hauer & Feld LLP

NYC to Ban Inquiries Regarding Applicants’ Compensation History

Akin Gump Strauss Hauer & Feld LLP on

Yesterday, the New York City Council passed a bill prohibiting firms from inquiring about, or relying on, an applicant’s salary history in connection with the recruiting or hiring process. The bill, which would amend the New...more

Mintz - Employment Viewpoints

March A-Wear-Ness: Uniforms, Dress Codes, and Employee Choice

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The basketball court isn’t the only place you’ll see interesting uniforms this month. Many employers choose to implement and enforce their own uniform requirements and dress codes at work. But if done incorrectly, uniforms...more

Jackson Lewis P.C.

Employee’s Retaliation and Hostile Work Environment Claims Based on a Rumor Spread in the Workplace Survives Motion for Summary...

Jackson Lewis P.C. on

In Baez v. Anne Fontaine USA, Inc., the United States District Court for the Southern District of New York denied an employer’s motion for summary judgment to dismiss a terminated employee’s retaliation claims under Title...more

Seyfarth Shaw LLP

N.Y. Appellate Court Scopes Out Liability: Using Criminal Convictions in Employment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing...more

Proskauer - Law and the Workplace

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction...

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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

Kelley Drye & Warren LLP

New York City Makes “Caregivers” the Newest Class of Protected Employees

Kelley Drye & Warren LLP on

Effective May 4, 2016, New York City employers with four or more employees are prohibited from firing or refusing to hire an individual, and from discriminating against an individual in compensation or terms and conditions of...more

Mintz - Employment, Labor & Benefits...

Massachusetts SJC Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases

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Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In...more

Bond Schoeneck & King PLLC

EEOC Files First Lawsuits Alleging Sexual Orientation Discrimination Under Title VII

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As we have reported in earlier posts, the U.S. Equal Employment Opportunity Commission (“EEOC”) has previously taken the position that discrimination on the basis of “sexual orientation” is prohibited under Title VII of the...more

BakerHostetler

New York City Fair Chance Act

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New York City’s Fair Chance Act took effect last week, amending the New York City Human Rights Law by prohibiting covered employers from asking about criminal history until after a conditional offer of employment has been...more

Bond Schoeneck & King PLLC

New York City Council Passes “Ban the Box” Law

Bond Schoeneck & King PLLC on

On June 10, 2015, the New York City Council passed the Fair Chance Act, which amends the New York City Human Rights Law to prohibit most employers in New York City from making any inquiries about an applicant’s pending arrest...more

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