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New York

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.

State of NY bans bias on the basis of hairstyles

07/19/2019
New York has become the second state to make it unlawful to discriminate against employees or applicants on the basis of the person’s hairstyle.

Classic ADA accommodation: Adjust work schedule

07/19/2019
Schedule changes may be inconvenient, but they’re an easy way to accommodate many disabilities. Courts aren’t likely to sympathize with employers that refuse to adjust a disabled employee’s schedule.

Retaliation claim can stick even if bias claim fails

07/19/2019
One of the worst mistakes an employer can make is to punish a worker for a baseless discrimination complaint. Retaliating may give that worker a winning lawsuit claim even if the original discrimination case had no chance.

Warn managers: Snide remarks, dismissive comments could trigger a lawsuit

07/19/2019
Sometimes, a manager who doesn’t like an employee will find a way to lash out while staying within the letter of anti-discrimination laws. Example: Refusing to address an employee by name, but instead using a dismissive term, can be a big mistake.

Court rejects request to add novel claim

07/19/2019
Good news at a time when employees are finding more ways to sue: A federal court has rejected a novel claim that could have spelled trouble for employers.