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Total Articles: 6

NY State Division of Human Rights Prohibits Discrimination Based on Relation or Association

The New York State Division of Human Rights recently adopted new regulations that prohibit discrimination based on a relationship or association with members of a protected class (race, color, creed, national origin, sexual orientation, gender identity, disability, or other protected characteristic of their family members or associates).

New York City Commission on Human Rights Issues Enforcement Guidance on Credit History Law

Yesterday, the New York City Commission on Human Rights (the “Commission”) released enforcement guidance on the Stop Credit Discrimination in Employment Act (“SCDEA”), which takes effect today.[1] The SCDEA prohibits New York City employers from requesting or using the credit history of applicants and employees when making employment decisions. The Commission’s enforcement guidance makes clear that the Commission plans on interpreting the SCDEA’s restrictions broadly and its exemptions narrowly.

Accommodations for Disabilities Under the New York City Human Rights Law

The Local Civil Rights Restoration Act of 2005, N.Y.C. Local Law No. 85 (2005) (the “Restoration Act”) amended the New York City Human Rights Law (“NYCHRL”) by requiring that its provisions “be construed independently from similar or identical provisions of New York State or Federal statutes.” Thus, in Albunio v. City of New York, 16 N.Y.3d 472, 477-78 (2011), the New York Court of Appeals declared that the NYCHRL should be interpreted “broadly in favor of discrimination plaintiffs, to the extent that such a construction is reasonably possible.”

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 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.
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