Legal Analysts

Showing posts with label Discrimination. Show all posts
Showing posts with label Discrimination. Show all posts

Tuesday, December 12, 2023

NewsNation: Employment Attorney Andrew Lieb Discusses Proposed Laws Against Fat Discrimination

Attorney Andrew Lieb appears on NewsNation to talk about potential legislation prohibiting discrimination based on weight or obesity. He discusses the potential enforcement of laws against 'weight discrimination' and their implications for employers, including the consideration of obesity as a protected category akin to race or religion in anti-discrimination laws. 

In the discussion, Lieb tackles employers' worries, such as the possibility of a gym or health-centric business being unable to hire someone who doesn't align with their brand ethos. He delves into the intricate legal aspects and underscores the importance of fostering an inclusive work environment, steering clear of shaming individuals.

Friday, December 01, 2023

Equality in Health Law: NYS Bill for LGBTQ+ & HIV Protection Against Discrimination

On November 30, 2023, Governor Hochul signed A0372A establishing a new section of the Public Health Law, Section 2803-c-2. 

This new addition to the Public Health Law combined with Executive Law 296 creates express discriminatory events that are actionable. 

The new Lesbian, Gay, Bisexual, Transgender and People Living with HIV Long Term Care Bill of Rights provides that it is unlawful for a long-term care facility or facility staff member to discriminate against any resident on the basis of such resident's actual or perceived sexual orientation, gender identity or expression, or human immunodeficiency virus (HIV) status. 

Under this new addition facilities are required to post notices about their nondiscrimination policies with information about reporting violations, employ procedures for recordkeeping purposes that include residents' gender identity, correct name as indicated by the resident, preferred pronoun as indicated by the resident, protect personally identifiable information regarding residents' sexual orientation and more. 

Facilities are also now required to ensure that facility staff that are not involved in providing direct care to residents are not present during physical examinations or the provision of personal care without the express permission of the resident or the resident's legally authorized representative and ensure that at least once every two years, each facility staff member who works directly with residents receives training on cultural competency focusing on patients who identify as LGBT and/or HIV.

If a facility  discriminates against an individual protected by Section 2803-c-2, that discriminatory conduct may be actionable under the New York State Human Rights Law. 


Monday, November 20, 2023

Protecting Survivors: NYS Bill Prohibits Financial Penalties in Nondisclosure Agreements

On November 17, 2023, Governor Hochul signed Bill A00581, amending NYS' General Obligations Law to prohibit settlements, or other resolution, of sexual harassment claims or any other form of unlawful discrimination from including any term or condition that requires the survivor to pay the defendant liquidated damages if the complainant violates a non-disclosure agreement.

Survivors of sexual harassment and discrimination are often required to sign non-disclosure agreements (NDA) as a condition for receiving compensation for their horror. NDAs frequently include provisions requiring survivors to pay liquidated damages (predetermined damages) if they violate the agreement and these damages can be devastating. 

As a result, survivors, who later change their minds or those who were coerced into signing an NDA, face financial hardships for speaking out about their experience. This new law will protect survivors by no longer allowing financial penalties against them for sharing their stories about experiencing harassment and discrimination.

This Bill takes effect immediately and will apply to agreements entered on or after its effectiveness Agreements can no longer require the survivor to forfeit part or all of the consideration for violating an NDA. Additionally, defendants can no longer require survivors to sign an affirmative statement, assertion, or disclaimer stating that they were not subject to discrimination or retaliation.

Tuesday, November 14, 2023

Understanding NY's New Legislation: More Time to File Discrimination Claims

New York State Assembly Bill A00501 represents a pivotal change in the state's approach to handling discrimination cases. Historically, the timeframe for raising claims under the New York State Human Rights Law was restricted - only 90 days for court proceedings against the government and a maximum of one year for bringing issues to the Division of Human Rights, with the sole exception of sexual harassment cases. The introduction of this bill, however, marks a significant shift, extending the statute of limitations to three years across the board for filings with the Division of Human Rights for claims against both private and public entities. This is biggest for education discrimination lawsuits that often were capped at a one year lookback period. 

Increased Access to Justice: The extension from one year to three years dramatically broadens the opportunity for individuals who have experienced discrimination to seek legal redress against the government. This is particularly crucial in cases where the complexity of the situation or the victims' circumstances might delay the decision to pursue legal action.

Benefit to School Discrimination Cases: The most notable impacts of this bill will be in the context of school systems. Previously, students or parents alleging discrimination had a mere year to initiate legal action. The extension to three years provides a more reasonable timeframe to prepare and pursue these important cases.

Click here to read Bill A00501.

Wednesday, November 08, 2023

Lieb at Law Advocates for Justice in Case of Discrimination Against Autistic Child

In a recent development that has resonated with families and advocates across Connecticut, Lieb at Law is representing a mother who has filed a complaint with the Commission on Human Rights and Opportunities (CHRO) charging discrimination against a residential program provider designed to treat the very victim of the discrimination. 

The case involves a serious accusation against Adelbrook Behavioral & Developmental Services, where staff members are alleged to have forcibly cut the hair of a 14-year-old autistic girl, ava, as a disciplinary measure.

Andrew Lieb, the attorney for Ava's family, encapsulates the gravity of the situation: "First and foremost, we want to get Ava the compensation she deserves from the trauma from torture to be able to get the services she needs," highlighting the pursuit of justice and Ava's right to respectful and appropriate care.

This complaint comes amidst other allegations against Adelbrook, suggesting a potentially worrying pattern of behavior by the organization. As the legal process unfolds, Lieb at Law is dedicated to bringing the facts to light and ensuring that Ava receives the justice she deserves.

This case is particularly concerning given the backdrop of previous allegations of abuse within Adelbrook, as reported by the Connecticut Inside Investigator journal. The coverage of this story can be found here, offering a comprehensive look into the unfolding events.

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Monday, November 06, 2023

NY's Bold Move: A Bill to End AI Discrimination in Housing

The New York State Legislature, in a groundbreaking move, has introduced a bill aimed at eliminating discrimination in housing-related AI systems. This initiative represents a significant step toward equitable technological progress and shines a light on a pervasive issue that affects countless individuals.

In a landmark move to safeguard equity and fairness in housing, New York State Senator Cleare has introduced Bill S7735, which aims to address potential discrimination through the use of automated decision-making tools in housing. The bill was read twice and is now committed to the Committee on Rules for further deliberation.

Automated decision tools, based on algorithms and artificial intelligence, are increasingly used by landlords and housing agencies to make decisions about who gets housing. While these tools can streamline processes, there is a growing concern that they may inadvertently discriminate against protected classes. Bill S7735 is set to provide a regulatory framework ensuring these tools are used responsibly and without discrimination.

Key Provisions of the Bill:
  • Definition and scope of automated decision tools.
  • Requirement for annual disparate impact analyses to assess potential discrimination.
  • Mandate for transparency and public reporting of the analyses.
  • Obligation for landlords to notify applicants when such tools are used.
  • Empowerment of the Attorney General and Commissioner to investigate and act upon violations.

Potential Impact:
This bill is a step forward in the use of technology in housing decisions, ensuring that while innovation continues to evolve, it does not come at the cost of fairness and discrimination-free practices.

Monday, October 30, 2023

AI Discrimination Being Regulated by President Biden's New Executive Order

On October 30th, 2023, President Biden issued an Executive Order (EO) addressing discrimination caused by artificial intelligence (AI), amongst other topics. 

The White House announced this EO in seeking to prevent AI from leading to and deepening discrimination, bias, and other issues in justice, healthcare, and housing. 

Now, agencies will be empowered to combat algorithmic discrimination, while enforcing existing authorities to protect anti-discrimination rights and safety. 

In summary, the Executive Order: 

  • Calls for clear guidelines to keep AI algorithms from being used to exacerbate discrimination by landlords, Federal benefits programs, and Federal contractors.
  • Tackles algorithmic discrimination through training, technical assistance, and coordinates with the Department of Justice and Federal civil rights offices for best practices to investigate and prosecute AI civil rights violations.
  • Ensures fairness throughout the criminal justice system by developing best practices for the use of AI in sentencing, parole and probation, pretrial release and detention, risk assessments, surveillance, crime forecasting and predictive policing, and forensic analysis.

The Biden Administration Blueprint for an AI Bill of Rights sets out steps those using AI can take to ensure fairness and equality. The steps include regularly checking for and addressing any biases in the design and use of AI systems, using diverse and representative data to avoid discrimination or unfair impacts, ensuring accessibility for people with disabilities during the design and development of AI systems, conducting tests to identify and address any disparities before and after the AI system is in use, providing clear oversight from organizations to ensure fairness, and conducting independent evaluations and sharing easy-to-understand reports, including test results and how any issues are being addressed, to ensure these protective measures are in place.

If companies fail to comply and use AI incorrectly to deepen discrimination and bias, this Executive Order will become the basis for discrimination lawsuits as a result of the incorrect use.

To learn more about the Executive Order click here. To read the Biden Administration Blueprint for an AI Bill of Rights click here

Thursday, October 26, 2023

NYS Amended the Education Law to Prohibit Corporal Punishment in Private Schools

On October 25th, 2023 Governor Hochul signed A05010 to amend New York State's education law to prohibit religious private school and non-religious private schools from using corporal punishment on students. This amendments is effective as of October 25th, 2023. 

The bill discusses how every two years, the US Department of Education asks every public school in the country to report on the number of students it has physically punished during the previous year. In an analysis of that data it was revealed that males, young persons of color and students diagnosed with a disability are significantly more likely to be the victims of this abuse by their teachers and school administrators.

If you are  male, person of color, or have been diagnosed with a disability and received corporal punishment at a private school in New York within the last year, you may have a claim for discrimination under New York City Human Rights Law ("NYS Human Rights Law").  

If you are a maleperson of color, or have been diagnosed with a disability and received corporal punishment at a private school in New York not within a year you may still have a national claim. 

For males who were enrolled in a religious private school in the last 3 years you may be able to submit gender discrimination claim under Title VI claim. However, Title VI does not include emotional distress damages.  

For persons of color who were enrolled in a private school in the last 4 years you may be able to bring a disparate treatment case, under 1981 and get emotional distress damages. You may also be able to submit a Title VI claim but this won't include emotional distress damages. 

For persons with a diagnosed disability who were enrolled in a private school in the last 3 years you may be able to bring a claim under the Americans with Disability Act and are not limited to non-emotional distress damages. 

If you are not a New York resident you still may have a national claim under Title VI, 1981, and/or Americans with Disability Act. Check your state's local laws to see if you potentially have a claim under state law. 

To read more about this amendment to the education law click here

Thursday, August 17, 2023

Understanding Your Rights: Service Dogs, Discrimination, and the Law

Service dogs play a pivotal role in the lives of many individuals with disabilities, acting as their lifeline in countless situations. Given their importance, it's crucial for people to know their rights when it comes to these trained companions, especially in places of public accommodation and housing. Understanding the legal landscape surrounding service dogs is vital. Those with disabilities deserve to live without fear of discrimination, and it's imperative for facilities and establishments to understand and respect their rights.

The Legal Background:

By way of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), service dogs are widely acknowledged as reasonable accommodations for those with statutorily recognized disabilities. This recognition extends across the nation, covering a range of establishments, both public and private.

Should anyone find themselves denied these rights, they can legally bring forth a lawsuit for failure-to-accommodate. The range of potential damages is extensive, from recovery for emotional distress and other compensatory damages (like expenses that arose due to the denial) to punitive damages based on the circumstances and the intent behind the denial. Significantly, victims might be awarded attorneys' fees, ensuring they can secure top-notch representation without bearing the financial burden.

For a successful claim, victims must substantiate five key elements:

  1. Proof of a statutorily recognized disability.
  2. Evidence that the discriminator knew (or reasonably should have known) about the disability.
  3. The asserted accommodation (i.e., the service dog) should not pose undue hardship, making it reasonable.
  4. The service animal must directly address the needs of the person with the disability, signifying its necessity.
  5. There must have been a denial of the accommodation or a refusal to participate in the interactive process.

It's important to note that state laws can sometimes offer even more protection to victims. For instance, the New York State Human Rights Law expands on the federal definition of disabilities. Unlike federal law, it doesn't demand that an impairment substantially impacts a major life activity to be recognized. Given these intricacies, victims are advised to consult with a discrimination attorney before taking any action, apart from promptly documenting the 6 Ws of Discrimination: Who, What, When, Where, Why, and Witnesses. The process is far from simple.

Service Animal vs. Emotional Support Animal: The Distinction Matters:

It's pertinent to highlight the differentiation between a service animal and an emotional support animal. Under the ADA, this distinction becomes relevant in public places. Yet, under the FHA, both these categories are considered viable reasonable accommodations. Some states, like New York, recognize rights to emotional support animals at public places as well. 

The bone of contention here lies in the inherent definitions. As per the Code of Federal Regulations, a service animal is explicitly trained to execute tasks or perform work benefiting an individual with a disability. This can range from physical and sensory disabilities to psychiatric or intellectual ones. In contrast, emotional support animals don't undergo such specialized training. It's essential to recognize that proving a service animal's training and the necessity of its skills requires evidence.

Relying on a conversation with a representative at the ADA is fraught with risk. The interpretation of the law should be grounded in statutes, regulations, and case law, not someone's subjective opinion. Facilities would do well to engage with their legal counsel in such situations and embark on the 'interactive process' as necessitated by the ADA.

Thursday, August 10, 2023

Newsmax: Attorney Andrew Lieb Defends State Denying Catholic Couple's Foster Application Due to Discrimination on Gender and Sexuality

Attorney Andrew Lieb joins Newsmax to debate with Heritage Foundation attorney about a lawsuit trying to let foster parents discriminate against children's sexual orientation by blaming free speech and religious rights. Lieb argues on behalf of the children from the perspective of the Massachusetts Department of Children and Families in defending the decision to deny the couple's foster application. He cites Massachusetts regulations requiring foster parents to support and affirm the sexual orientation and gender identities of LGBTQ foster children. Lieb claims this policy is needed to ensure vulnerable foster children know that they will be loved no matter who they are because the Constitution guarantees equal protection under the law.

Tuesday, August 01, 2023

The New York Times: My 55+ Community Is Discriminating Against Me. What Power Do I Have?

Attorney Andrew Lieb was featured in The New York Times, shedding light on a troubling discrimination case in a 55+ community. The homeowners association issued a rule permitting single owners to bring guests to the pool but restricting married couples to only bringing their spouses. Such unequal treatment may potentially fall under housing discrimination, protected by the New York State Human Rights Law. Read the article here: 

Wednesday, July 26, 2023

PIX 11: Suffolk County Employee & His Attorney Andrew Lieb Alleges Racist Behavior By Colleagues

Breaking the Silence on Race Discrimination

Check out this powerful story about our client, Julio Germain, who faced shocking racism and discrimination at the Suffolk County Department of Public Works.

Julio Germain, a 38-year-old DPW employee, endured years of racist and discriminatory behavior from his co-workers and supervisors.

Julio bravely reported the misconduct, but management ignored his complaints and even retaliated by denying him promotions.

With the help of our team, Julio filed a complaint with the New York State Division of Human Rights, and they have confirmed that there's probable cause to believe Suffolk County DPW engaged in unlawful discriminatory practices.

As the law firm representing Julio, we firmly stand against any form of discrimination, and we won't rest until justice is served.

Please share this story and let's create awareness to put an end to racism and discrimination in the workplace. Together, we can make a difference!

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Monday, July 24, 2023

Newsmax: Attorney Andrew Lieb Talks About Mental Illness & Whether It's An Excuse For Being Late To Your Job

Attorney Andrew Lieb joined a Newsmax panel discussion about chronic tardiness at the workplace.

To qualify for accommodations under the Americans with Disabilities Act (ADA), a condition must be a statutorily recognized disability. Currently, chronic tardiness related to mental health doesn't meet this criterion.

If recognized, it must then be proven that the employer doesn't face undue hardship due to the employee's unpredictable timekeeping.

Lieb advised employers against bending rules for certain groups to avoid creating a reverse discrimination scenario. He advocated for strict, fair policies that benefit all employees and ensure genuine accommodations for recognized disabilities aren't undermined.

Wednesday, July 05, 2023

Is the NYS Source of Income (Section 8) Anti-Discrimination Law Unconstitutional? NYS Supreme Court Seems to Think so

NYS law is that the refusal to rent or lease based on "lawful source of income" constitutes actionable discrimination under Executive Law 296(5)(a)(1). 

Now, the Hon. Mark  G. Masler of the State Supreme Court, County of Tompkins, in James v. Commons West, LLC, et al., has found this anti-discrimination law to be unconstitutional because it compels landlords to have their business records and property inspected incident to being compelled to participate in Section 8, all in violation of the 4th Amendment to the US Constitution and Article I, Section 12 of the NYS Constitution. 

This case is surely going to be appealed - do you think mandatory participation in Section 8 constitutes an unreasonable search and seizure? 

CBS Radio: Legal Analyst Andrew Lieb Talks About The Supreme Court Blocking Biden's Student Loan Plan + Freedom of Speech Discrimination Ruling

Andrew Lieb, a Long Island attorney and legal analyst at Lieb at Law PC, recently spoke with CBS Radio regarding two important Supreme Court rulings. 

First, Lieb discussed the ruling on student debt forgiveness where the court disagreed with President Biden's plan for debt forgiveness. Lieb summarized the situation: "We're talking about this HEROES Act and the Biden administration has relied on this act...And the question becomes does the HEROES Act give the Biden administration the power they want?" The Supreme Court's decision effectively denies the administration's ability to forgive debt based on this Act.

In the second case, Lieb shed light on LGBT discrimination by explaining that it was a freedom of speech case rather than a discrimination case, despite the headlines stating otherwise. The case involved a Christian graphic artist refusing to make specific websites about same-sex couples rather than refusing to work for LGBT people overall. Lieb clarified that the ruling does not permit the denial of services based on sexual orientation. Rather, it emphasizes that "certain creative people speak through their creativity...while you have to serve anyone...all she said is that when she writes the cake, she's not going to make a product with her speech that goes against what she wants to do." This distinction emphasizes that the court's ruling protects creative expression and not discriminatory practices.

Tuesday, June 27, 2023

Analyzing the Legal Implications of the Pregnant Workers Fairness Act

The U.S. employment law landscape has been transformed with the implementation of the Pregnant Workers Fairness Act (PWFA). This law, endorsed by President Joe Biden, extends protections to employees dealing with pregnancy, childbirth, or related conditions. The U.S. Equal Employment Opportunity Commission (EEOC) will now begin processing discrimination charges under this fresh statute, opening a new chapter in labor rights.

Legal Provisions:

The PWFA mandates employers to provide reasonable accommodations for pregnancy, childbirth, or related conditions, except when these adjustments impose an undue hardship on the employer. The PWFA thus augments protections under Title VII of the Civil Rights Act. As EEOC Chair Charlotte A. Burrows stated, the PWFA aids workers in securing their entitlements under this new law.

EEOC's Role and Resources:

The EEOC has introduced educational materials to aid workers and employers in understanding the new law. These include a "Know Your Rights" video series, a revised poster, and a guide to the PWFA. The EEOC is also set to accept discrimination charges under PWFA.

The Bottom Line:

The Pregnant Workers Fairness Act fills a gap in employment rights, fostering a more equitable and inclusive working environment. It is a substantial step towards legally addressing the unique challenges faced by pregnant workers, fostering a fair workspace for all.

If you are a victim, you can bring a discrimination case and recovery monetary damages for your lost pay and emotional distress. You have rights. 

Friday, June 09, 2023

Navigating Updates in New York's Sexual Harassment Laws: A Fresh Perspective on Labor Law Section 201-g for Employers

As the landscape of anti-discrimination law continues to evolve, New York's Labor Law Section 201-g has seen significant updates that employers / employees should be aware of.  

The updates, which are encompassed in a  Model Sexual Harassment Prevention Policy, aim to strengthen workplace protections and foster a safe environment for all employees. New York employers must adopt the model policy or create their own sexual harassment prevention policies that meet or exceed state standards. They are also obligated to provide employees with annual sexual harassment prevention training. 

Let's take a closer look at the key changes:

1. Expanded Definition of "Sexual Harassment:

The new policy broadens the definition of sexual harassment to include harassment based on gender, gender identity, gender expression, or sexual orientation. It recognizes that harassment doesn't have to be of a sexual nature, emphasizing that any form of harassment related to these characteristics constitutes sexual harassment. Furthermore, the policy defines important terms such as "cisgender," "transgender," and "non-binary" to ensure a comprehensive understanding.

2. Updated Standards:

Previously, proving a claim of sexual harassment required demonstrating that the conduct was "severe and pervasive." However, the updated policy aligns with the law's 2019 amendments which eliminated this strict standard. Instead, it emphasizes that New York plaintiffs need only show they experienced inferior treatment compared to others based on protected class membership, similar to the standards set by the New York City Human Rights Law.

3. Virtual and Hybrid Workspaces - A New Frontier of Harassment:

The updates in the law recognize the rise of virtual and hybrid workspaces, providing examples to illustrate what constitutes harassment in these contexts. In a world where many employees continue to work remotely, it's crucial for employers to understand and address harassment that may occur outside of the physical office. This includes unwelcome comments or behaviors in virtual meetings and messaging apps, among other things.

4. Universal Application Across Discrimination Types:

The law clarifies that the policy applies equally to all forms of discrimination based on other characteristics, such as race, age, religion, disability, or sexual orientation. It underlines the fundamental principle that all employees should be free from any form of discrimination, regardless of its nature. The reporting and investigation procedures for other forms of discrimination are aligned with those for sexual harassment, ensuring consistent treatment and protection across all protected classes.

5. Interplay Between Sex and Other Protected Characteristics:

The revised law offers examples showing how sexual harassment can intersect with other forms of discrimination. These instances are crucial for employers to understand as they illustrate complex situations where employees might be subjected to discrimination based on multiple protected characteristics simultaneously. 

6. Third-Party Intervention: A Key Role:

One key update emphasizes third-party intervention in instances of perceived harassment or discrimination. The policy provides a clear set of five steps that bystanders can take to intervene and support those affected, including interrupting the harassment, seeking help from a third party, making a record of the incident, checking in on the target, and confronting the harasser. This change underscores the collective responsibility within organizations to maintain a respectful and inclusive work environment. 

7. Strengthened Retaliation Protections:

The policy's retaliation section now explicitly lists examples of retaliatory actions, including disparagement on social media platforms. Importantly, employees are protected from retaliation even if the alleged conduct is not ultimately deemed unlawful, provided they had a good faith belief that it was. This provision encourages a safe reporting environment for all individuals.

8. The Responsibility of Supervisors:

Supervisors play a critical role in maintaining a harassment-free workplace. The updated policy emphasizes that supervisors must not wait for a formal complaint before reporting incidents of harassment. It highlights their duty to offer accommodations to victims and highlights the potential disciplinary consequences for supervisors who fail to report known instances of harassment. 

Streamlined Complaint and Investigation Process:

The new policy streamlines the complaint and investigation process, with an emphasis on promptness. Investigations should be initiated and completed as soon as possible. Additionally, employees are no longer required to submit complaints solely through the policy's complaint form; they can report incidents orally or in other written forms such as emails.

The revised sexual harassment prevention policy in New York State signifies a crucial step forward in creating safer and more inclusive workplaces. By familiarizing themselves with these changes, employers and employees can contribute to a work environment free from discrimination.

Monday, May 22, 2023

PIX 11: Former Police Officer Retaliated Against by School for Defending Autistic Son's Rights. Lieb at Law Advocates for Justice

At Lieb at Law, P.C., we believe in protecting the rights of individuals who face unjust treatment. Today, we want to shed light on an alarming incident involving one of our clients, a courageous father and former police officer, who has recently faced retaliation from a local school district.

The heart of this story revolves around a dedicated father who took a stand against an unfair bathroom rule. Despite his valiant efforts to protect his autistic child's well-being, he became the target of unjust treatment from the school administration.

Our client, a former police officer who has devoted his life to upholding the law and safeguarding others, found himself banned from school property as a consequence of his bravery and commitment to fighting for what is right. It is disheartening to witness such retaliation against someone who simply sought equality and inclusivity for his child.

At Lieb at Law, P.C., we firmly believe that no one should face discrimination or retaliation for advocating for their loved ones. We stand with our client and his family, ready to support them in their pursuit of justice. 

PIX 11 News featured our client's struggle for justice. You can read the story in detail by following this link

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Monday, April 03, 2023

Disparate Impact Discrimination Rule Adopted by HUD for Housing Discrimination

Unintentional discrimination is still discrimination and can result in serious penalties in a lawsuit so long as the effects of actions cause a discriminatory result. 

In the sale, rental, or financing of dwellings and in other housing-related activities, HUD has clarified, by 24 CFR 100, its Rule to evaluate a case, which is effective on May 1, 2023. 

The Rule sets forth how our government analyzes a Title VIII Fair Housing Act case and looks back to reinstate HUD's 2013 rule, titled "Implementation of the Fair Housing Act's Discriminatory Effects Standard." Under the rule, discrimination occurs through "facially neutral practices with an unjustified discriminatory effect." To understand whether there is an unjustified discriminatory effect, the Rule requires "a burden-shifting test," as follows:
  1. The plaintiff or charging party is first required to prove as part of the prima facie showing that a challenged practice caused or predictably will cause a discriminatory effect;
  2. if the plaintiff or charging party makes this prima facie showing, the defendant or respondent must then prove that the challenged practice is necessary to achieve one or more substantial, legitimate, nondiscriminatory interests of the defendant or respondent; and 
  3. if the defendant or respondent meets its burden at step two, the plaintiff or charging party may still prevail by proving that the substantial, legitimate, nondiscriminatory interests supporting the challenged practice could be served by another practice that has a less discriminatory effect.

As a result, defendants now have much greater exposure to liability than they had under the 2020 Rule, which has been revoked by this new Final Rule even though it was never enforced or went into effect during the Trump era. 

Thursday, March 23, 2023

EEOC Reports That They Recovered Record High Amount of $513 Million in Compensation for Victims of Discrimination in 2022

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2022 Annual Performance Report, revealing that it collected a record-breaking $513 million in compensation for victims of discrimination. This amount was collected from 65,000 charges of discrimination, which resulted in 91 lawsuits in federal court. The majority of these charges were based on allegations of sex and retaliation discrimination, followed by disability, race, national origin, age, and religion.

Most importantly, discrimination charges were up almost 20% year-over-year.