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New York

Isolated comments don’t make hostile environment—yet

08/07/2019
A federal court has dismissed a hostile work environment lawsuit that was based on just a few isolated co-worker comments.

Court won’t allow anonymous sexual harassment suit

08/07/2019
A federal court has refused to let the alleged victim of workplace sexual harassment sue her former employer as “Jane Doe.”

Save all documents and notes relating to employee’s bias or harassment complaint

08/07/2019
Make it a standard practice to retain every written document concerning employee complaints. Make and keep notes on oral complaints and phone calls. Don’t delete parts of email chains. Save every memo and letter.

Follow up after discrimination complaint to ensure there’s no retaliation

08/07/2019
Don’t just assume you have fixed a discrimination and harassment problem that was uncovered when someone complained about a supervisor. Check back regularly with the employee who complained to make sure she isn’t experiencing retaliation.

Conduct self-audit to spot possible bias

08/07/2019
When you have only one member of a protected class on staff and she’s been rejected for several promotions or transfers, it may be time to audit your organization for possible discrimination. Don’t wait, or you could wind up facing a lawsuit.

Court: NY’s ban on mandatory arbitration of harassment claims violates federal law

08/07/2019
Last year, new legislation made it unlawful for employers to force employees to sign arbitration agreements covering for sexual harassment claims. Now a federal court considering such an agreement has concluded the law violates an existing federal law.

New York legislature expands employment discrimination law

08/07/2019
The New York State Assembly and Senate has passed legislation that makes sweeping changes to the New York Human Rights Law. This legislation will have a significant impact on the litigation of discrimination and harassment claims filed with the Division of Human Rights and in court.

Expanded definition of sexual harassment may be wave of future

07/19/2019
Laws recently enacted by the state of New York may signal a new standard for deciding what constitutes sexual harassment.

New York enacts more generous paid voting leave rules

07/19/2019
The law virtually guarantees that all employees who request time off for voting must be granted sufficient paid time off to enable them to vote, up to a maximum of three hours.

NLRB changes solicitation rules to favor employers

07/19/2019
The National Labor Relations Board in June issued a decision that reversed a longstanding precedent by holding that employers may bar nonemployee union representatives or organizers from soliciting employees or promoting union membership in public areas within an employer’s facility.