In Breland v. City of New York, No. 152046/2020, 2020 WL 5644943, 2020 N.Y. Slip Op. 33099(U), 3–4 (N.Y. Sup Ct, New York County Sep. 22, 2020), an employment discrimination case, the court granted defendants’ motion to extend their time to answer, move, or otherwise respond to plaintiff’s complaint. The court explained: Pursuant to CPLR…
Read More Employment Discrimination Defendant’s Time to Answer ExtendedIn a recent update to its “What You Should Know” segment, the U.S. Equal Employment Opportunity Commission stated that, under the ADA, an employer may not require antibody testing before permitting employees to re-enter the workplace. It wrote: An antibody test constitutes a medical examination under the ADA. In light of CDC’s Interim Guidelines that…
Read More EEOC: Employers Can Not Require Antibody Testing Before Allowing Employees to Re-Enter the WorkplaceIn Geller v. de Blasio et al, 2020 WL 2520711 (S.D.N.Y. May 18, 2020), the court denied plaintiff’s motion for a temporary restraining order and preliminary injunction to enjoin the City of New York from enforcing an Executive Order of March 25, 2020 and its restriction on non-essential gatherings. This decision provides a primer of how…
Read More Court Rejects First Amendment Challenge to NYC Executive Order Restricting Non-Essential GatheringsThe New York City Commission on Human Rights recently announced the formation of a COVID-19 Response Team to address and ameliorate increased harassment and discrimination related to the virus. From the press release: Since February, the agency has recorded 248 reports of harassment and discrimination related to COVID-19, over 40% (105) of which identify incidents…
Read More NYC Commission on Human Rights Forms COVID-19 Response Team to Address Increased Virus-Related Harassment and DiscriminationThe U.S. Equal Employment Opportunity Commission (EEOC), which enforces various federal anti-discrimination laws (including Title VII of the Civil Rights Act of 1964) has recently reaffirmed its commitment to addressing and remedying discrimination arising from or relating to the COVID-19 situation. From the EEOC chair: Crises like the COVID-19 pandemic can bring out the best…
Read More EEOC on COVID19-Based Race and National Origin DiscriminationBelow and here is the letter sent by the Attorneys General of New York, Pennsylvania, and the District of Columbia to the CEO of Town Sports International Holdings, Inc. regarding their alleged “unlawful response to the COVID-19 pandemic and national emergency.” From the letter: [I]t is a false and deceptive practice and a violation of…
Read More States to Town Sports: Stop Charging Fees While Facilities Are ClosedIt was recently reported that Amazon terminated a Staten Island-based warehouse employee after he participated in a worker walkout protesting the company’s response to apparent incidents of coronavirus in the facility. New York’s Attorney General is looking into whether this constitutes unlawful retaliation. (See also, Law360, March 30, 2020, “Amazon, Instacart Workers Strike Over COVID-19…
Read More Amazon Allegedly Fires Employee For Raising Coronavirus ConcernsOn March 19, 2020, New York Governor Andrew Cuomo issued Executive Order No. 202.7 (“Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency”), which, inter alia, permits documents to be notarized utilizing audio-video technology through April 18, 2020. The Order provides, in pertinent part: Any notarial act that is required under New…
Read More New York Permits “Virtual” Notarization in Light of COVID-19 PandemicThe EEOC recently offered information on how the provisions of the Americans with Disabilities Act and the Rehabilitation Act may apply in the context of the COVID-19 pandemic. This document links to a prior document, titled “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” (written during the H1N1 outbreak), which has been…
Read More EEOC Issues (Updated) Guidance Regarding the Americans with Disabilities Act and COVID-19On March 20, 2020, Governor Cuomo issued Executive Order No. 202.8, titled “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.” This Order affects various New York laws, including the Civil Practice Law and Rules, the Vehicle and Traffic Law, and the Business Corporation Law. It imposes the following changes to various…
Read More NYS Executive Order 202.8 Extends Statutes of Limitation Etc.