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State Employment Law Articles
Report Link New York City Council Introduces Proposal Mandating New York City Employers Provide Paid Sick Days.Jackson Lewis LLP - August 31, 2009 New York City soon may be joining San Francisco, California, and Washington, D.C. in requiring all private-sector employers to provide employees a minimum number of paid sick days. The Earned Paid Sick Leave Bill, introduced August 20, 2009, has 35 co-sponsors in the 51-member New York City Council. (One seat is currently vacant.) Report Link New York High Court to Consider Applicability of Federal Law Defense to City Law Harassment Claims.Jackson Lewis LLP - August 18, 2009 The federal appeals court in New York has requested that New York’s highest court, the Court of Appeals, consider whether the affirmative defense available to employers fighting Title VII harassment liability also is a defense available in sexual harassment and retaliation claims brought under the New York City Human Rights Law (Administrative Code § 8-107). Zakrzewska v. The New School, No. 09-0611-cv (2d Cir. July 27, 2009). The Second Circuit certified the question to the New York Court of Appeals because it has not been addressed by the high court and “this is a question of considerable significance [as] employment discrimination cases are a substantial portion of the caseload for the District Courts of this Circuit.” Report Link The Expanding New York Human Rights Laws.Littler Mendelson, P.C. - August 07, 2009 It has been a busy year for the First Department of New York's Appellate Division, which issued three important decisions broadening employers' exposure to liability under the New York State and City Human Rights Laws. The first decision lowered significantly the threshold for actionable workplace harassment and retaliation under the New York City Human Rights Law (NYCHRL). The second expanded application of the NYCHRL and the New York State Human Rights Law (NYSHRL) to cover out-of-state employees affected by employment decisions made in New York City and State. The third decision radically changed the scope and burden of proof in disability discrimination and accommodation cases. It is critical for employers to be aware of these legal developments and adapt to them quickly. Report Link New York Human Rights Law Amended to Prohibit Discrimination against Victims of Domestic Violence.Ford & Harrison LLP - August 04, 2009 New York State recently joined a handful of other states by enacting legislation prohibiting discrimination against victims of domestic violence. On July 7, 2009, New York Governor David A. Paterson signed into law an amendment to the New York Human Rights Law to include an individual's status as a "victim of domestic violence" in the list of characteristics protected from discrimination. Other protected characteristics include age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, and marital status. The new provision is similar to a provision in the New York City Administrative Code, which was amended in 2001 to prohibit discrimination against victims of domestic violence. Report Link New York Imposes New Penalties For Discrimination.Fisher & Phillips, LLP - August 04, 2009 Employers operating in New York are now subject to additional liability if they're found to have violated the New York State Human Rights Law (NYSHRL). Under a recent amendment, the provision in the NYSHRL that authorizes imposition of monetary penalties – previously applicable only for housing discrimination – has been expanded to cover employment-related cases. Report Link New York Takes an Extra Bite of the Apple: Civil Penalties May Be Assessed for Unlawful Discriminatory Practices.Littler Mendelson, P.C. - July 17, 2009 Recent amendments to the New York State Human Rights Law provide that an employer who is found to have engaged in an unlawful discriminatory practice may face up to $100,000 in penalties payable to the State of New York in addition to any damages owed to the complaining party. The amendments, which apply to conduct occurring on or after July 6, 2009, were quietly signed into law by Governor David Paterson on April 7, 2009. Report Link Summary Judgment More Difficult under New York City Human Rights Law (pdf).Vedder Price - July 14, 2009 Summary Judgment More Difficult under New York City Human Rights Law. Report Link New York Court Recognizes Faragher-Ellerth Defense Under State and City Human Rights Laws (in part).Jackson Lewis LLP - May 26, 2009 In the twin cases of Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998), the United States Supreme Court held that an employer is not liable for workplace harassment under federal law if it can show “that the employer [1] had exercised reasonable care to avoid harassment and to eliminate it when it might occur, and [2] that the complaining employee had failed to act with like reasonable care to take advantage of the employer’s safeguards and otherwise to prevent harm that could have been avoided.” Faragher, 524 U.S. at 805. This defense, which generally is available only if the plaintiff suffered no tangible employment action, is critical to employers in defending workplace harassment claims. Report Link Out-of-State Employee May Sue NY Employer for Discrimination Under State and City Human Rights Laws.Jackson Lewis LLP - May 19, 2009 New York courts have subject matter jurisdiction over discrimination claims filed under the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) where the act of discrimination occurred within New York, even if the effects of the alleged discrimination are felt mainly outside the state, the New York Appellate Division, First Department held on May 7, 2009. Report Link NYC Employers Beware: Appellate Div. Lowers Plaintiffs' Burden of Proof Under City Human Rights Law Vedder Price - February 06, 2009 Employers with employees in New York City should be aware of a troubling January 27, 2009 decision
by a New York State appellate court, Williams v. NYC Housing Authority, interpreting a 2005
amendment to the New York City Human Rights Law (NYCHRL)—styled the “Civil Rights Restoration
Act”—as substantially lowering the law’s evidentiary thresholds. The decision, giving effect to the
stated intention of the City Council, effectively makes employers in New York City liable for conduct that
falls well short of what is required for liability under the New York State Human Rights Law and the
various federal employment discrimination laws. Williams is a harassment case, but the court’s
adoption of a lower standard for establishing harassment is also applicable to other theories of
discrimination. Report Link The New New York State Division of Human Rights and its Accelerated Case-Handing Procedures.Jackson Lewis LLP - February 26, 2008 Among the many changes taking place in administrative enforcement of employment laws with which employers in New York should become familiar, those of the New York State Division of Human Rights (the "State Division") may be among the most significant. The administrative agency is charged with enforcing New York's Human Rights Law, which prohibits discrimination in employment based on age, race or color, creed, national origin, sexual orientation, military status, sex, disability, arrest or conviction status, predisposing genetic characteristics, religion or marital status. Report Link New York City's Human Rights Law Recently Amended.Vedder Price - October 12, 2005 Mayor Bloomberg recently signed into law several amendments to New York City’s Human Rights Law (“NYCHRL”). The amendments, collectively known as the “Local Civil Rights Restoration Act of 2005” (“LCRRA”), re-emphasize the City Council’s intention that the NYCHRL not be interpreted to include the same limitations which have been placed upon similar or identical New York state or federal statutes. The LCRRA also makes several substantive changes to the NYCHRL. Report Link "Boorish" Conduct Does Not Amount To Harassment (pdf).Ogletree Deakins - December 27, 2004 Court Rejects Employee’s Title VII Hostile Environment Claim. Report Link Displays of the American Flag Protected At Work.Jackson Lewis LLP - November 08, 2002 Citing a "resurgence of patriotism" following the September 11, 2001 attacks, the New York Legislature has added yet another category of protected conduct. It has prohibited both private and public employers (and their agents) from discharging or discriminating against any employee for "displaying an American flag on the employee's person or work station."
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Count and Sub-TopicsArticles Found: 14SUBTOPICS Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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