Articles Discussing Workplace Sex Discrimination Claims In New York.

Second Circuit holds that “factor other than sex” affirmative defense to Equal Pay Act claim does not need to be job-related. New York Labor Law § 194(1)’s “bona fide factor other than status within one or more protected class or classes” defense does require

On June 7, 2023, a law providing expanded protections for breastfeeding employees in New York took effect. The law applies to all public and private employers in the state, regardless of size.

New York has released an updated model sexual harassment prevention policy and updated model training materials. 

In accordance with its quadrennial obligation to evaluate the impact of New York State’s Model Sexual Harassment Prevention Policy in the workplace, on January 12, 2023, the New York State Department of Labor (NYSDOL), in consultation with the New York State Division of Human Rights, published a proposed updated model

On July 19, 2022, New York Governor Kathy Hochul announced the launch of a statewide confidential hotline for complaints of workplace sexual harassment. The hotline was provided under Senate Bill No. S812B, which Governor Hochul signed into law on March 16, 2022, as part of a legislative package enacted to

Earlier this year, Governor Kathy Hochul signed into law S.812B/A.2035B, which amended the New York State Human Rights Law, N.Y. Exec. Law § 296, to require the establishment of a state-wide, toll-free, confidential hotline for complaints of workplace sexual harassment. On July 19, 2022, Governor Hochul announced the launch

Seeking to address several open issues in New York’s sexual harassment laws, Governor Hochul has signed a package of legislation strengthening the state’s antiharassment initiative.

The legislation consists of three separate bills, two of which are relevant for private employers:

S.812B/A.2035B – Confidential Hotline for Complaints of Workplace Sexual Harassment

Three new laws designed to further combat workplace harassment and discrimination were signed into law by Gov. Kathy Hochul on March 16, 2022.

Last summer, Senator Kirsten Gillibrand (D-N.Y.) introduced a bill aimed at removing barriers preventing employees from suing over workplace sexual misconduct. The bill, titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (S. 2342), was introduced with bipartisan support and is seen as a legal

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.