New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Harassment

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EEOC Issues Proposed Enforcement Guidance on Unlawful Harassment

Posted in Harassment
The Equal Employment Opportunity Commission is seeking public comment on its newly proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws.  The initial deadline for employers and other members of the public to submit input regarding the proposed guidance was February 9, but the EEOC just announced today that it was extending… Continue Reading

EEOC Task Force Issues Report on Harassment in the Workplace

Posted in Harassment
In 2015, the Equal Employment Opportunity Commission (EEOC) received almost 28,000 charges of discrimination alleging workplace harassment — a number that has remained relatively constant over the last five years.  In response, the EEOC formed a Select Task Force — comprised of member representatives from multi-disciplinary backgrounds — who spent the past year strategizing to… Continue Reading

New York State Division of Human Rights Adopts Regulations Prohibiting Discrimination Against Transgender Individuals

Posted in Employment Discrimination, Harassment, New York Law
As we reported in a blog post last month, although neither the federal nor state law expressly prohibits discrimination on the basis of gender identity or expression, Governor Cuomo bypassed the legislative process and urged the New York State Division of Human Rights to issue regulations that will interpret the state’s anti-discrimination prohibitions to cover… Continue Reading

The Division of Human Rights Proposes Regulations to Expand Anti-Discrimination Protections to Transgender Individuals

Posted in Employment Discrimination, Harassment, New York Law
After several unsuccessful attempts to pass the Gender Expression Nondiscrimination Act, which would have extended the nondiscrimination protections in the New York Human Rights Law to transgender individuals, Governor Cuomo took the unprecedented step of directing the New York State Division of Human Rights to issue regulations that would protect transgender applicants and employees in… Continue Reading

Let’s Get Back to the Basics of Workplace Investigations When the Whistle Blows

Posted in Discharge and Discipline, Harassment, Whistleblowers
Conducting workplace investigations is one of the most challenging and most important duties that Human Resource professionals must take on.  With the slew of existing laws, how Human Resource professionals respond to complaints about harassment or other misconduct can have huge legal and practical implications for the employer.  Unfortunately, Einstein’s definition of insanity — doing things… Continue Reading

Love is in the Air (and at the Office)

Posted in Harassment
Ahhh, Valentine’s Day, when love is all around.  But if one of Cupid’s arrows lands in your workplace, that warm and fuzzy feeling can quickly turn into headache and indigestion. In your approach to managing office romance, consider the following: A total ban on workplace romance may be a total disaster.  A blanket prohibition against… Continue Reading

A Labor and Employment Audit of Santa’s Workshop

Posted in Employment Discrimination, Harassment, Occupational Safety and Health, OSHA, Wage and Hour
With that first real chill in the air, the holiday season is suddenly upon us.  For parents, it is a time to relive our childhood, watching with our children all of those holiday specials ranging from It’s the Great Pumpkin, Charlie Brown to Santa Claus is Comin’ to Town.  Unfortunately, for members of our misfit profession,… Continue Reading

Facially Sex-Neutral Statements and Conduct May Support a Sexually Hostile Work Environment Claim

Posted in Harassment
The Second Circuit’s recent decision in Moll v. Telesector Resources Group, Inc. is a good reminder to employers that a sexually hostile work environment claim can be based on more than just sexually explicit or sexually offensive statements and conduct.  Such a claim can also be established by facially sex-neutral statements and conduct under certain circumstances.… Continue Reading

New York Amends Human Rights Law to Protect Unpaid Interns

Posted in Employment Discrimination, Harassment, New York Law, Retaliation
On July 22, 2014, Governor Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c entitled, “Unlawful discriminatory practices relating to interns.”  The amendment prohibits employers from discriminating against unpaid interns and prospective interns on the basis of age, race, creed, color, national origin, sexual orientation, military status, sex,… Continue Reading

Plan Ahead to Avoid Holiday Party Pitfalls

Posted in Harassment, New York Law
This article, authored by Mark Moldenhauer, originally appeared in the December 10, 2012 issue of the Buffalo Law Journal. With calendars flipped to December, many companies are putting the final touches on holiday party plans.  These celebrations offer an opportunity to unwind, socialize, and reflect on the achievements of the past year, all outside of… Continue Reading

Confidentiality Instructions Under Attack by the NLRB and EEOC

Posted in Harassment, National Labor Relations Board
As previously reported in this blog, on July 30, 2012, in the Banner Health System case, the National Labor Relations Board (“Board”), issued a 2-to-1 decision holding that a hospital violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by asking employees who make a complaint not to discuss the matter with co-workers while the… Continue Reading

An Eye On New York Workplace Bullying Legislation

Posted in Harassment
On May 12, 2010, the New York State Senate, in a 45-16 vote, passed a bill that would establish a civil cause of action for employees who are subjected to an "abusive work environment." This bill would permit employees who have been harmed psychologically, physically or economically by being deliberately subjected to an "abusive work environment" to sue their employers.… Continue Reading

Best Practices for Workplace Discrimination Investigations

Posted in Employment Discrimination, Harassment
Conducting an internal investigation of allegations of workplace discrimination, including harassment is a difficult and unpleasant task, but one that must be done properly and completely in order to yield correct results and assist the employer in defending litigated claims. This blog provides some tips on conducting good internal investigations.… Continue Reading