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Legislation

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 […]

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 […]

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 […]

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, […]

On January 10, 2018, the New York City Human Rights Law was amended with respect to its definitions of “sexual orientation” (N.Y.C. Admin. Code § 8-102(20)) and “gender” (id. § 8-102(23)) to effectively broaden those terms. The NYC Human Rights Law, inter alia, prohibits discrimination (in various forms) “because of the actual or perceived … gender [or] […]

On May 4, 2017, New York City Mayor Bill de Blasio signed Introduction 1253-2016, a Local Law law that prohibits all NYC employers from inquiring about a prospective employee’s salary history. It takes effect 180 days after enactment. The Mayor underscored the purpose of the law, namely, stamping out income inequality: It is unacceptable that […]

NYC recently passed, with 51 votes, the “Freelance Isn’t Free Act“, which offers significant wage protections to freelance workers. The law becomes effective on May 15, 2017. The New York City Council provides the following summary of the law, which is codified at newly-added chapter 10 to Title 20 of the Administrative Code of the […]

The New York City Council has proposed a Local Law was proposed “to amend the administrative code of the city of New York, in relation to prohibiting employers from inquiring about or relying on a prospective employee’s salary history.” From the summary: This bill would prohibit employers from inquiring about a prospective employee’s salary history during […]

On March 28, 2016, Mayor de Blasio signed into law several bills (including Intros 805-A, 814-A, 818-A, and 819) amending the New York City Human Rights Law. These new laws, among other things, enhance the rights of New Yorkers to be free from discrimination in the areas of public accommodations and employment. During a public […]

The New York State Division of Human Rights has released its “Guidance on Sexual Harassment For All Employers in New York State.” It provides, among other things: The provisions of the [New York State] Human Rights Law generally apply to employers with four or more employees. However, with regard specifically to sexual harassment, the Human […]