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Total Articles: 14

New York Bans Transgender Discrimination

The New Year has brought long-awaited and historic change to the legal rights of the LBGTQ community in the Empire State. On January 15, the State Assembly and State Senate voted to pass the Gender Expression Non-Discrimination Act (GENDA). The statute, which had languished in the New York State legislature for the past 16 years, will protect transgender individuals from discrimination. Governor Andrew Cuomo applauded the legislation and has pledged to sign GENDA into law.

New York Passes Bill Prohibiting Discrimination Based on Gender Identity or Expression

New York's legislature has passed a bill that would prohibit discrimination based on gender identity or expression and also categorize criminal offenses involving gender identity or expression as hate crimes subject to enhanced penalties.

Fashion Industry Impacted by New York's Amended Sexual Harassment Law

Executive Summary. In groundbreaking legislation last year, New York State amended its Human Rights Law ("NYSHRL") to prohibit sexual harassment against non-employees of all types, including models, stylists, and artists in the fashion industry who are classified (correctly or not) as independent contractors. Because of this amendment, “IRS Form 1099” workers throughout NYS will have the same sexual harassment and retaliation protections as “IRS Form W-2” employees. They can file internal sexual harassment claims with the talent agencies that assign them or the companies that actually engage them or file legal complaints with the NYS Division of Human Rights or in court. Businesses referring or engaging even one independent contractor are covered. For independent contractors who work in NYC, this amendment adds statewide protections to existing NYC sexual harassment protection under the NYC Human Rights law. (“NYCHRL”)

NYC Commission Provides Guidance On New NYC Sexual Harassment Law

The Stop Sexual Harassment Act, New York City’s new sexual harassment law, applies to all employers regardless of size. The law places new training and notice obligations on employers operating in the City, however many specifics about the training portion of the law are still unknown. The notice requirements are already in effect. The training requirements do not come into effect until April 2019. Recently, the New York City Commission on Human Rights revised its responses to the “Frequently Asked Questions” (FAQs) regarding the new law, giving us a glimpse into what is to come for NYC employers in regard to training employees.

New Legislation on Sexual Harassment Will Signifigcantly Affect the Handling of These Cases for Municipalities

The #MeToo movement and its widespread publicity of issues involving sexual harassment in the workplace have sparked new legislation affecting all employers, including public employers.

New York State's New Sexual Harassment Laws: What Employers Need to Know

Executive Summary: In the fiscal year 2019 budget, the New York State Legislature passed several new laws aimed at preventing workplace sexual harassment, including banning mandatory arbitration and requiring anti-harassment policies and training. These new laws, a response to the larger social conversation regarding sexual harassment, pass even more potential liability on to private employers and will require substantial changes to policies and practices.

New York Passes New Anti-Sexual Harassment Laws

New York employers must comply with several new anti-sexual harassment laws that were included in the state budget signed by Governor Andrew Cuomo on April 12. The provisions range from requiring employers to hold annual training to prevent sexual harassment, and prohibiting the use of nondisclosure agreements in sexual harassment settlements, to eliminating mandatory arbitration clauses for sexual harassment claims and extending the state's human rights law to cover certain non-employees who work under contract. The provisions have various effective dates:

New York Legislature Passes Significant Changes to Laws Combatting Sexual Harassment in the Workplace

As part of the 2018-2019 New York State Budget, the Governor and the Legislature have agreed to legislation aimed at combatting sexual harassment in the workplace (Part KK of S7507-C). The legislation, including the anti-sexual harassment provisions, has passed both the Senate and Assembly, and the Governor is expect to be signed it into law soon.

New York State Moves One Step Closer to Changes to Sexual Harassment Laws

On March 12, 2018, the New York State Senate passed a bill aimed at strengthening and reforming the state sexual harassment laws. The legislation comes on the heels of the #MeToo movement and mirrors much of what Governor Cuomo proposed in his January State of the State Address, including a ban on confidential settlements and mandatory arbitration clauses. If ultimately enacted into law, the legislation will significantly impact both public and private employers in New York.

Expect Changes To New York Sexual Harassment Laws In 2018

Following national attention on the #metoo movement, New York Governor Andrew Cuomo announced plans as part of his State of the State address earlier this month to strengthen New York’s laws on sexual harassment in the workplace, an effort that he called a “long overdue reckoning.” Governor Cuomo unveiled a multi-pronged agenda, including several legislative initiatives that he intends to advance, which he hopes will impact both public and private employers.

New York Governor Signs Executive Orders To Address Wage Gap

On January 9, 2017, New York Governor Andrew Cuomo issued two executive orders aimed at addressing the perceived gender, race, and ethnicity-based wage gaps. Noting that the state government must lead by example and ensure equal pay for all New Yorkers, the two executive orders – which Governor Cuomo signed as part of his 2017 State of the State address – prevent state entities from asking job applicants about their compensation history and require state contractors to disclose data on the gender, race, ethnicity, job title, and salary of their employees.

New York Expands Protections for Women with Passage of Women's Equality Act

On October 21, 2015, Governor Cuomo signed into law five bills that will provide greater protection for women in the workplace. These bills, which are part of the Women's Equality Act, strengthen New York's equal pay statute, expand protection for victims of sexual harassment, provide for recovery of attorneys' fees in employment discrimination cases where sex is the basis of discrimination, prohibit discrimination based on familial status, and require employers to provide reasonable accommodations to pregnant employees. All of these new laws will take effect on January 19, 2016.

New York Expands Sex, Gender Identity Discrimination Protections

Governor Andrew M. Cuomo has signed a number of bills that expand current protections regarding employment discrimination and pay equity and has issued regulations addressing gender identity discrimination protections. The bills were part of the expansive Women's Equality Act, although not all pieces of legislation as originally proposed were signed into law. In a press release, the Governor's Office stated that the regulations mark the "first time that any Governor has issued statewide regulations to prohibit harassment and discrimination on the basis of gender identity, transgender status or gender dysphoria."

NYC Employers Have New Obligations Toward Pregnant and Recently Pregnant Employees

After a unanimous vote by the New York City Council and approval by Mayor Bloomberg, most employers in New York City must reasonably accommodate an employee’s pregnancy, childbirth, or related medical condition. The new law goes into effect January 30, 2014, and applies to employers with four or more employees.
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