LIEB BLOG

Legal Media Analysts

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

Monday, August 29, 2022

DC Law Now Requires Mandatory Sexual Harassment Training for Tipped Wage Workers

Washington DC now has mandatory sexual harassment trainings from a 2018 law, the Tipped Wage Workers Fairness Amendment Act.


Under the law, covered employers’ primary obligations include providing mandatory sexual harassment training to both business operators & tipped employees.


Other obligations require covered employers to report to the DC Office of Human Rights (OHR) both their sexual harassment policy & all harassment complaints made to management from 2020 on. All requirements are set forth in OHR’s fact sheet on employee rights, which must be posted at places of employment. 


OHR has created a portal for employers to report their compliance with the mandates of the Act & employers will be watched - so tread carefully. 


If you were harassed or discriminated against, this law & its trainings are not the end of the story. You have a claim under Title VII & other federal & state laws. Know your rights & act because statutes of limitations, including a filing requirement with EEOC might otherwise curtail your rights. This is serious & damages can be outrageous.  

 



Wednesday, August 17, 2022

Housing Discrimination Based on Source of Income - Notice Required - Regulation Adopted

On 8/17/2022, 9 NYCRR 466.16 was adopted and is the law in NYS - landlords / brokers / property managers be prepared to be sued for source of income discrimination if you don't update your policies and roll out intensive trainings.


This law requires entities administering any public housing program or assistance to provide a detailed notice of rights from source of income discrimination to tenants in compliance with Executive Law 170-e.


The notice must be provided as follows:

  • Current recipients must receive notice within 30 days after the effective date of the regulation;
  • Future recipients must receive notice "upon notification such individual qualifies for the voucher or assistance"; 
  • "In writing, and in 14 point... font";
  • Electronically is permissible by a link to the notice; &
  • On all websites administered by the entity. 


The required notice will look like this:


KNOW YOUR LEGAL RIGHTS AS A RECIPIENT OF HOUSING ASSISTANCE


By law, you are protected from housing discrimination.


The New York State Human Rights Law makes it unlawful to discriminate in housing on the basis of your source of income. This includes all forms of housing assistance (like Section 8 vouchers, HUD VASH vouchers, New York City FHEPS and others), as well as all other lawful sources of income including: Federal, state, or local public assistance, social security benefits, child support, alimony or spousal maintenance, foster care subsidies, or any other form of lawful income.


Housing providers who are covered by the Human Rights Law include landlords, property managers, real estate professionals like brokers, tenants seeking to sublet, and anyone working on their behalf.


Housing providers are not allowed to refuse to rent to you because you receive housing assistance. They are also not allowed to charge you higher rent, or offer you worse terms in a lease, or deny you access to facilities or services that other tenants receive.


Housing providers are not allowed to make any statement or advertisement that indicates housing assistance recipients do not qualify for the housing. For example, a housing provider cannot say they do not accept housing vouchers or that they do not participate in a program such as Section 8.


It is lawful for housing providers to ask about income, and about the source of that income, and require documentation, but only in order to determine a person’s ability to pay for the housing accommodation or eligibility for a certain program. A housing provider must accept all lawful sources of income equally. It is unlawful to use any form of screening of applicants that has the intent or result of screening out those receiving housing assistance.


If you believe that you have discriminated against by a housing provider with regard to your lawful source of income, you can file a complaint with the New York State Division of Human Rights.


How to File a Complaint

A complaint must be filed with the Division within one year of the alleged discriminatory act or in court within three years of the alleged discriminatory act. To file a complaint, download a complaint form from www.dhr.ny.gov. For more information or assistance in filing a complaint, contact one of the Division’s offices, or call the Division’s toll-free HOTLINE at 1 (888) 392-3644. Your complaint will be investigated by the Division, and if the Division finds probable cause to believe discrimination has occurred, your case will be sent to a public hearing, or the case may proceed in state court. There is no fee charged to you for these services. Remedies in successful cases may include a cease-and-desist order, provision of housing that was denied, and monetary compensation for the harm you suffered. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a Division regional office. The regional offices are listed on the website. 





Thursday, August 11, 2022

Discrimination Cases have Shorter Deadlines When Suing the Government - Here is the Comprehensive List

To bring a claim under the New York State Human Rights Law, Executive Law §296, (New York’s Anti-Discrimination Law), you have the following time-limitations:

1.      Suing a Private Party:

a.     An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per Executive Law §297(5).

b.     An administrative complaint for cases of sexual harassment in employment can be brought within 3 years of the alleged unlawful discriminatory practice per Executive Law §297(5).

c.      A court case can be brought within 3 years of the alleged unlawful discriminatory practice per Koerner v. State, 62 NY2d 442 (1984).

2.     Suing the Government: In addition to the rules to sue a private party, when suing the government, you also may have to file a Notice of Claim, within 90 days of the alleged unlawful discriminatory practice, prior to bringing suit. This requirement depends on who you are suing, but never applies to administrative complaints per Freudenthal v. County of Nassau, 99 NY2d 285 (2003), and is reserved only for court cases. Here is the complete list of when a Notice of Claim is required to be filed within 90 days of the discrimination throughout New York State:

a.     Village Government – Notice of Claim, pursuant to CPLR §9801, is likely not required, but no case is directly on point. The applicable statute seems to mirror General Municipal Law §50-i in its limitations and thus would be subject to Margerum v. City of Buffalo, 24 NY3d 721 (2015).

b.      Town Government – Notice of Claim, pursuant to Town Law §67, is required by Arnold v. Town of Camilus, 2021 WL 326886 (NDNY 2021) and Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2nd Dept 2001).

c.     City Government – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

d.   School District – There is a split of authority as to whether Notice of Claim, pursuant to Education Law §6224, is required. Washington v. Borough of Manhattan Community College, 2016 WL 7410717 (SDNY 2016) and McKie v. LaGuardia Community College/CUNY, 85 AD3d 453 (1st Dept 2011) say it is required while Keles v. Yearwood, 265 F.Supp.3d 466 (EDNY 2017) says it is not required.

e.      Public Library – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

f.      County Government – Notice of Claim, pursuant to County Law §52 as interpreted by Hami v. Chenango County, 2022 WL 1001530, (NDNY 2022) and also, by Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2nd Dept 2001) is required.

g.     State Government – Notice of Claim is NOT required, except Notice of Intention required if filing in Court of Claims on an election of forums.

h.     Federal Government – State discrimination claim is wholly unavailable and must proceed with federal anti-discrimination statute.


To bring a claim under Federal Law, the type of discrimination will impact how much time you have to bring a claim.

1.      If your claim is for housing discrimination:

a.      An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per 42 USC §3610.

b.    A court case can be brought within 2 years of the alleged unlawful discriminatory practice per 42 USC §3613(a)(1)(A).

2.      If your claim is for employment discrimination:

a.      A condition precedent to bringing a court case or proceeding to an administrative hearing is filing with the EEOC either [per 42 U.S.C.A. § 2000e-5(e)(1)]:

                                                    i.     180 days; or

                                                   ii.     300 days if your proceeding initially institutes with a state or local agency having “authority to grant or seek relief,” and New York State has such authority.  

b.     If you are a federal sector employee (i.e., work for the federal government), be warned, your limitations period is just 45 days for you to contact the EEO Counselor at your place of employment / prospective place of employment per 29 CFR §1614.105





Wednesday, July 20, 2022

New York Law Journal: Discrimination Boutique Takes on ADA Class Action on Behalf of Deaf Apartment Dwellers

Residents tried going to management directly, called on their elected leaders and on community organizers and even staged a demonstration outside of their homes that attracted media attention. Now one of them is going to the courts. Read the full article discussing the lawsuit that Lieb at Law, P.C. has brought to bring justice to the hearing impaired and deaf residents in this Manhattan building. 



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Thursday, June 02, 2022

Pride Month: 5 Tips to Stop Sexual Orientation and Gender Identity Discrimination

While sexual orientation and gender identity aren't expressly set forth protected classes from discrimination on the federal level in the United States, Bostock v. Clayton County, Georgia is a Supreme Court case that makes sexual orientation and gender identity discrimination illegal. Plus, many states and local governments offer further protection and damages to victims of sexual orientation and gender identity discrimination. 

Here are 5 tips to stop this heinous discrimination and create equality in our society for all. 

  1. Don't Miss Deadlines: Federal discrimination lawsuits provide only 2 years from the wrongful act to bring a lawsuit. Some states extend this to 3 years. However, there are often much shorter timelines dependent on who the perpetrator is, so act immediately. To illustrate, employment discrimination generally requires a filing with the EEOC within 300 days. Plus, a collective bargaining agreement can limit the statute of limitations for union workers even further. Alternatively, if the government is the defendant, a notice may need to be filed within 3 months or less. So, act swiftly if you are a victim.
  2. Don't Forget the Past: Just because deadlines exist from the last act of discrimination, it's possible to leverage a law called the Continuing Violation Doctrine to reprise untimely acts of discrimination in a lawsuit. So, make sure that you bring every wrongful act that you have experienced to the table if you are a victim of discrimination. That is the only way it can be stopped.
  3. Discrimination is NOT Just Physical: If an environment is hostile and filled with harassment, that is enough to bring a lawsuit. In fact, states like New York lower the hostile environment standard from the federal rule of severe and pervasive to inferior terms and conditions so long as the harassment rises above petty slights and trivial inconveniences. If you feel harassed because of your orientation or gender identity speak up now.
  4. It Goes Beyond Your Actual Orientation and Gender Identity: Your actual sexual orientation and gender identity are clearly protected from discrimination, but did you know that you are protected from discrimination even if the perpetrator got it wrong. The law also protects your perceived orientation and identity, which is particularly important for orientation because orientation needn't be confirmed from consistent sexual acts to exist.  
  5. Retaliation is Illegal: Don't be afraid to speak up out of fear of reprisal. Simply, if you experience any negative retaliation whatsoever when you are fighting back against discrimination that you are experiencing, you can sue for that retaliation too. If retaliation happens at work, housing, education, places of public accommodation, or many other places, you can receive money damages for retaliation plus the court can order it stopped with your prior situation restored.