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Articles Posted in Employment Discrimination

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Impending Sexual Harassment Notice and Training Requirements to Affect New York State and New York City Employers

Both New York State and New York City have passed legislation intended to curtail sexual harassment, while at the same time, expanding accountability for such.  These laws impact large and small businesses that operate in the State and/or City.  Read all about it here.

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UPDATE: New York City Council Enacts Package of Legislation Aimed at Strengthening Anti-Sexual Harassment Policies

In case you missed our discussion in a March 20, 2018 post, the New York City Council introduced a series of bills last month targeting sexual harassment in the workplace — The Stop Sexual Harassment in NYC Act.  The City Council enacted the Act on April 11, 2018 and awaits…

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New York City Council Introduces Package of Legislation Aimed at Strengthening Anti-Sexual Harassment Policies

The #TimesUp and #MeToo movements continue to be a force of national reckoning over sexual assault and harassment. This month, the New York City Council harnessed the energy from those social movements and transformed it into legislative action by introducing a series of bills aimed at preventing sexual harassment in…

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NYC Council Obligates Employers to Engage in “Cooperative Dialogue” for Reasonable Accommodation Requests

Apparently believing that employers are not capable of considering employees’ requests for reasonable accommodation on their own, the New York City Council has decided to dictate how those requests should be handled.  An amendment to the New York City Human Rights Law, which takes effect on October 15, 2018, obligates…

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Mainstream Recognition of Sexual Harassment Prompts Bill Prohibiting Arbitration

Allegations of sexual harassment and misconduct against business leaders, politicians and artists, have become a front page staple of newspapers across the country.  Many are shocked by the allegations and claim to wonder how they could have stayed secret for so long.  Despite the numerous cases of sexual harassment filed…

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Client Alert: NYC Ban on Inquiring into Salary History Takes Effect on October 31

The New York City Human Rights Law (“NYCHRL”) was amended back in May 2017 to prohibit employers and employment agencies from inquiring into the salary history of job applicants.  Employers and employment agencies had six months to prepare for that ban, which takes effect on October 31, 2017. Although we…

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Business and Employee Groups Oppose Merger of OFCCP with EEOC

President Trump’s 2018 budget, released on May 23, proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC) by the end of FY 2018.  The proposed merger purports to result in “one agency to combat employment discrimination.”  The Trump administration asserts that…

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New York Federal Court Refuses to Split Hairs Over Whether a Sexual Orientation Discrimination Claim Can Proceed Under Federal Law

Title VII prohibits employment discrimination because of sex.  It does not, however, expressly prohibit discrimination based on an individual’s actual or perceived sexual orientation.  Recently, federal courts have started to disregard this distinction in favor of concluding that discrimination on the basis of sexual orientation is a form of sex…

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Second Circuit Rules that a Single Racist Comment Can Create a Hostile Work Environment

Earlier this week, I reported in Murtha Cullina’s Labor and Employment Group News that the Second Circuit, which covers New York, Connecticut and Vermont, clarified that a single racist comment could support a claim for a discriminatory hostile work environment on the basis of race, where the comment constituted a…

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EEOC Releases Fiscal Year 2016 Charge Filing and Enforcement Data and Victoria Lipnic is Named Acting Chair

Last week the EEOC released data for FY2016 indicating that the number of workplace charges filed with the EEOC increased for the second year in a row.  According to the data, the EEOC received 91,503 charges of employment discrimination during FY 2016, which is a bit higher than the 89,385…