Legislation

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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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A new statute, New York Labor Law § 201-g (effective October 9, 2018), requires every employer to adopt a “sexual harassment prevention policy” that meets certain minimum requirements. The statute provides, inter alia: Such model sexual harassment prevention policy shall: (i) prohibit sexual harassment consistent with guidance issued by the department in consultation with the division…

Read More New York Requires Employers to Adopt Sexual Harassment Prevention Policy
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The “Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law, codified at 42 U.S.C. §§ 2000ff et seq., that (in a nutshell) “discrimination on the basis of genetic information with respect to health insurance and employment.” In enacting GINA, Congress set forth the following findings: Deciphering the sequence of the human genome and…

Read More The Genetic Information Nondiscrimination Act of 2008 (GINA)
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Starting September 6, 2018, all New York City employers will be required to display an anti-sexual harassment rights and responsibilities poster and develop a sexual harassment information sheet to be distributed to individual employees at the time of their hire. This amendment, which is part of the Stop Sexual Harassment in NYC Act, will be codified at N.Y.C. Administrative…

Read More NYC Sexual Harassment Poster Requirement
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A recent law, New York Civil Practice Law and Rules § 5003-b (effective July 11, 2018), relates to the use of confidentiality agreements in settlements of sexual harassment cases. It provides: Notwithstanding any other law to the contrary, for any claim or cause of action, whether arising under common law, equity, or any provision of law,…

Read More New Law Limits Use of Nondisclosure Agreements in Sexual Harassment Cases
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