Legislation

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Today, Governor Cuomo signed legislation (A8421 / S6577) that substantially strengthens the New York State Human Rights Law, particularly with respect to sexual harassment. Among other things, the legislation: Eliminates the “severe or pervasive” standard for hostile work environment claims; Eliminates the so-called “Faragher/Ellerth defense” to hostile work environment claims, in that “[t]he fact that…

Read More Governor Cuomo Signs Legislation Strengthening the New York State Human Rights Law
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On Tuesday, July 23, 2019, Governor Cuomo signed a law, Senate Bill S1719C (A5981), which “establishes the crime of unlawful dissemination or publication of an intimate image” (a/k/a “revenge porn”). The legislation, inter alia, amends the Penal Law by adding a new section (§ 245.15), titled “Unlawful dissemination or publication of an intimate image”, and…

Read More “Revenge Porn” Legislation Signed Into Law in New York
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On Wednesday, June 19, 2019, the New York State Legislature passed changes to state law regarding employment discrimination in general and sexual harassment in particular. In sum, the law (A8421 / S6577; version showing deletions/additions here), among other things: Provides increased protections for protected classes and special protections for employees who have been sexually harassed;…

Read More Legislature Passes Sweeping Amendments to NYS Human Rights Law
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The New York State legislature is in the process of reviewing/amending the New York State Human Rights Law regarding sexual harassment. The bill(s) under consideration are S3817A / A7083A. Currently, victims of sexual harassment in New York City enjoy protection under three statutes: Title VII of the Civil Rights Act of 1964 (federal law), the…

Read More Proposed Changes to New York State’s Sexual Harassment Law
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The New York City Council recently passed a Local Law, Int. 1445-2019, that will ban pre-employment testing for marijuana usage. Specifically, it amends sections 8-102 and 8-107 of the New York City Administrative Code. The Council summarizes the legislation as follows: This proposed bill would prohibit New York City employers from requiring a prospective employee…

Read More NYC Council Bans Marijuana Testing of Prospective Employees
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It is not uncommon for a legal claim to be resolved by settlement. In such cases, the settlement will in all likelihood be memorialized in a settlement agreement which – in addition to setting out the basics of the agreement (i.e., a release of claims in exchange for monetary compensation) – will include additional provisions.…

Read More New York Law Limiting Use of Nondisclosure Agreements in Sexual Harassment Cases
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A (relatively) recent (April 12, 2018) New York State law, Executive Law §  296-d, explicitly prohibits sexual harassment directed at non-employees. The law provides: It shall be an unlawful discriminatory practice for an employer to permit sexual harassment of non-employees in its workplace. An employer may be held liable to a non-employee who is a…

Read More New York Law Prohibiting Sexual Harassment Relating to Non-Employees
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On February 14, 2019, New York Governor Cuomo signed the “Child Victims Act,” powerful and important legislation which strengthens the rights of those victimized by child abusers. The legislation: Increases the amount of time during which perpetrators of these crimes may be held criminally accountable; Allows victims of these crimes to commence a civil lawsuit…

Read More Governor Cuomo Signs the “Child Victims Act”
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On Nov. 16, 2018, the U.S. Department of Education issued proposed regulations to supplement Title IX of the Education Amendments of 1972, a statute that is codified at 20 U.S.C. § 1681 et seq. Title IX, in a nutshell, is a federal law prohibiting discrimination on the basis of sex in any federally funded education program…

Read More Proposed Title IX Regulations
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