Articles Discussing The New York Human Rights Law.

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.

Enacted this past January, New York City’s “Temporary Schedule Change” law becomes effective on July 18, 2018.1 The law provides employees with the right to request two temporary schedule changes per calendar year for “personal events,” and employers must ensure that they are prepared to respond to their employees’ requests for changes in work schedules and understand what types of personal events qualify for leave.

Executive Summary: In November, the New York City Council passed a law amending the Earned Sick Time Act, changing the name to the Earned Safe and Sick Time Act (ESSTA), and allowing employees to use paid time off under ESSTA if they or their family members are victims of domestic violence and other family offenses. The changes came into effect on May 5, 2018. Employers need to immediately update their sick time policies to reflect the change and distribute the new “Notice of Employee Rights” to all their employees by June 4, 2018.

Mandatory annual sexual harassment training for employees in New York City is one feature of a package of legislation targeting sexual harassment in the workplace signed by Mayor Bill de Blasio on May 9, 2018. Most private employers in New York City will be required to conduct annual sexual harassment training for employees beginning April 1, 2019.

Amendments to the New York City “Earned Safe and Sick Time Act” (ESTA) went into effect on May 5, 2018. Eligible employees under the ESTA will be able to use paid time off for circumstances resulting from the employee or a covered family member of the employee being the victim of family offense matters, sexual offenses, stalking, or human trafficking.

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.

Executive Summary: On April 11, 2018, the New York City Council passed a package of bills intended to prevent sexual harassment. Mayor Bill de Blasio is expected to sign the bills into law. The New York City Commission on Human Rights (NYCCHR) is charged with enforcing the new laws.

Both the New York State Legislature and the New York City Council recently adopted new legislation targeting sex discrimination and sexual harassment in the workplace. While the federal response to the #MeToo movement has been relatively limited, states and localities are pushing forward with a reform agenda in 2018 that generally expands employee protections and available remedies for unlawful harassment. Employers with New York operations should become fluent in the new requirements and prepare for increased government oversight of their harassment prevention policies and programs.

The New York City Council passed a package of legislation on April 11, 2018, that will strengthen the City’s laws against harassment in the workplace. Mayor Bill de Blasio is expected to sign the legislation into law in the coming weeks.

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.

A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL). The new law will become effective on May 11, 2018.

Starting on October 16, 2018, entities covered by the New York City Human Rights Law (HRL) will be required to engage in cooperative dialogue with individuals who may be entitled to reasonable accommodations under the HRL. Passed by the New York City Council on December 19, 2017, Int. 804-A applies to employers, providers of public accommodations, and providers of housing accommodations.

The New York City Department of Consumer Affairs (DCA) on November 27, 2017, announced in a press release that the Fair Workweek Law applicable to fast food and retail employers became effective on November 26. The Law is intended to reform scheduling practices for fast food and retail workers in the City. The DCA also issued the related required employee notices, overviews, Frequently-Asked-Questions, and complaint forms on the same day. The Final Rules were published on November 28.

New York City Mayor Bill de Blasio signed Intro 1313-A into law, requiring employers to provide paid time off for hours taken in connection with family offense matters, sexual offenses, stalking, and human trafficking, grouped collectively as “Safe Time.”

The New York Court of Appeals ruled that the New York City Human Rights Law (“NYCHRL”) does not permit a claim of disability discrimination based solely on a perception of untreated alcoholism. To sustain a claim, an individual must actually be a recovered (or recovering) alcoholic and no longer abusing alcohol. Makinen v. City of New York, 2017 NY Slip Op. 07208 (N.Y. October 17, 2017).