LIEB BLOG

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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