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Attention Employers in New York State: Governor Cuomo signed bill S1040 into law extending protections against discrimination in the workplace to victims of domestic violence.

The new law prohibits an employer from hiring or firing an employee or otherwise discriminating against an employee in compensation, terms, conditions or privileges of employment because of such employee's status as a victim of domestic violence. The law also requires employers to provide a reasonable accommodations to an employee who is known by the employer to be a victim of domestic violence, unless providing an accommodation would cause an "undue hardship" to the employer.

Reasonable accommodations for victims of domestic violence are limited to: seeking medical attention; obtaining services from a domestic violence shelter, program or rape crisis center; obtaining psychological counseling or legal services; and, taking safety measures to increase protections against future incidents of domestic violence (e.g. relocation). Time off as a result of such accommodation may be charged against the employee's paid time-off (per law and/or employer's policy). If paid time off is unavailable, an employer may treat such absence as leave without pay.

Employers should immediately update their handbooks, policies, and discrimination prevention trainings to comply with this new law.

Attention Victims of Child Sexual Abuse: You have an opportunity for the next year to seek damages for physical and emotional injuries regardless how long ago the abuse took place.

The Child Victims Act, which went into effect this week, allows any victims of child sexual abuse in New York State to file a civil lawsuit against their abuser or a negligent institution within the next year.

Following the one year period, any victim can file a lawsuit against their abuser or a negligent institution until their 55th birthday (the age limitation was previously 23 years old).

The rationale behind the law is that victims of child sex abuse should not be penalized for not timely disclosing what occurred because of shame or fear.

Attention Employees - Have you faced inferior terms, conditions or privileges of employment because of your age, race, creed, color, national original, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, or because you have opposed discrimination at work?

Did you know that you only need to prove that this discrimination rises above what a reasonable victim of discrimination with the same protected characteristic would consider petty slights or trivial inconveniences to win your claim?

Did you know that you can recover lost wages?
Are you aware that you can be reinstated into your job?
Better yet, did you know that your employer could be required to pay you punitive damages (punishment)?

Guess what? Courts have been directed to award you reasonable attorney's fees if you win. This means that your employer's exposure goes up the entire time that they are defending the claim - it's a huge motivation for your employer to settle with you quickly.

Yesterday, 8/12/19, you were given a voice by the Governor - it's time for you to use that voice and speak up to end discrimination in the workplace.

Effective October 1, 2019, Employers in Connecticut have new sexual harassment prevention obligations.

By way of Public Act No. 19-16, which amends General Statutes 46a-54(1)(15), now employers, with three or more employees, must:

• Within three months of start date, provide information concerning illegality of sexual harassment and remedies available by email or posting;
• Provide two hours of training and education between October 1, 2019 and 2020; and
• Provide such training to new hires within six months of start date.