Articles Discussing Workplace Sex Discrimination Claims In New York.

Employers will face greater potential liability under bills passed on June 19 and 20 to lower the standard of review for sexual harassment cases (S.6577 [Biaggi]/A.8421 [Simotas] and a related amendment [S. 6594/A. 8424]). The final, omnibus bill was crafted with the participation of Governor Andrew Cuomo’s office. Governor Cuomo is expected to sign the bill.

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”)

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.

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.

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 and New York City have issued expansive new guidelines to protect the rights of transgender and gender non-conforming individuals.

New York State and New York City both recently enacted regulations and enforcement guidance designed to prohibit discrimination on the basis of gender identity, transgender status, gender expression and gender dysphoria.1 Both have now taken effect.

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 State Governor Andrew Cuomo has signed into law a number of bills intended to protect and advance women’s equality, particularly in the workplace. These laws, signed on October 21, will go into effect on January 19, 2016.