Total Articles: 6
Amendment to NYC Human Rgts Law Clarifies Employers' Duty to Accomm Employees' Religious Practices
On August 31, 2011, New York City Mayor Michael
Bloomberg signed into law the Workplace Religious
Freedom Act (WRFA). The WRFA defi nes “undue
hardship” as that term is used in the New York City
Human Rights Law (NYCHRL) in the context of an
employer’s duty to provide a reasonable
accommodation for the religious practices of an
employee or job applicant. The new law, which took
effect when the Mayor signed it, clarifi es that
employers in New York City are more likely to be
required to accommodate an employee or job
applicant’s religious practices under the NYCHRL
than under analogous federal law.
New York High Court May Consider Whether Federal Law Claims are Barred by Prior Dismissal for Untimeliness of Similar State Law Claims
The United States Court of Appeals for the Second Circuit has certified to New York’s highest state court, the New York Court of Appeals, this question of first impression: whether a plaintiff is barred from pursuing federal law discrimination claims under Title VII and the Americans with Disabilities Act if a New York state court previously dismissed similar state law claims by the same plaintiff as untimely.
Double Whammy For Employers Under New York Anti-Discrimination Laws
Employers who are located in New York and even those who merely transact business there and have employees spread around the country should be aware of recent court decisions that substantially broaden their potential liability under New York State and City discrimination laws. Abiding by federal discrimination laws is not enough.
NY Labor Department Clarifies New-Hire Rules.
New York's state law requires employers to notify newly-hired individuals before they start work of their pay rates, pay dates, and overtime rates (assuming eligibility for overtime) in writing, and to obtain written acknowledgment from these new employees that such information has been provided. But up until now, the law provided no guidance on how such notices were to be delivered or the acknowledgments were to be obtained. No forms, no rules.
New York Human Rights Law Amended to Prohibit Discrimination against Victims of Domestic Violence.
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.
New York Imposes New Penalties For Discrimination.
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.
