LIEB BLOG

Legal Analysts

Showing posts with label Human Rights Law. Show all posts
Showing posts with label Human Rights Law. Show all posts

Wednesday, March 16, 2022

3 Workplace Discrimination Laws on Governor Hochul's Desk

confidential hotline , employment discrimination
3 Workplace Discrimination Laws on Governor Hochul's Desk

On 3/15/2022, 3 important workplace discrimination laws made their way to the NYS Governor's Desk to be signed and enacted. 


A7101 - Prohibits the release of personnel records as a retaliatory action against employees who complain or assist in proceedings involving unlawful discriminatory practices by employers.


A2483B - Includes the state and all public employers as employers subject to the provisions of the human rights law; includes executive, legislative and judicial employers.

A2035B - Establishes a toll free confidential hotline for complainants of workplace sexual harassment to be administered by the division of human rights; makes related provisions.

Are you ready? 

As an update, all 3 were signed into law on 3/16/2022.



Read more »
By at
Tags: , , , ,

Wednesday, August 18, 2021

Housing Discrimination - Updated Protected Classes List - As Applicable to Downstate New York

#theliebcast , anti-discrimination
Housing Discrimination - Updated Protected Classes List - As Applicable to Downstate New York

We are always updating our CE courses at Lieb School because the law is constantly changing. 


While the law changes on every topic, there is no field that seems to be evolving today more than anti-discrimination law. So, we thought it important to share our updated definitive lists of protected classes within downstate New York for Fair Housing and Discrimination Law.


Note - While these lists are similar for employment discrimination law, there are minor differences in protections between the two fields and you should consult with an attorney should you have any questions.


Fair Housing Act:

  1. Race
  2. Color
  3. National origin
  4. Religion
  5. Sex
  6. Familial status
  7. Handicap

New York State Human Rights Law: 
  1. Race
  2. Creed
  3. Color
  4. National origin
  5. Sexual orientation
  6. Gender identity or expression (transgender)
  7. Military status
  8. Sex
  9. Age
  10. Disability
  11. Marital status
  12. Lawful source of income
  13. Familial status
  14. Arrest / sealed conviction record
  15. Domestic violence victim status (lease / occupancy only)

New York City Human Rights Law: 
  1. Race
  2. Creed 
  3. Color 
  4. National origin 
  5. Gender 
  6. Age 
  7. Disability 
  8. Sexual orientation 
  9. Uniformed service
  10. Marital status 
  11. Partnership status 
  12. Immigration or citizenship status
  13. Lawful source of income 
  14. Presence of children 
  15. Occupation
  16. Victim of domestic violence, stalking or sex offenses

Westchester Fair Housing Law:
  1. Race
  2. Color
  3. Religion
  4. Age
  5. National origin
  6. Alienage or citizenship status
  7. Ethnicity
  8. Familial status
  9. Creed
  10. Gender
  11. Sexual orientation
  12. Marital status 
  13. Disability 
  14. Source of income
  15. Status as victim of domestic violence, sexual abuse, or stalking

Nassau County Fair Housing (Open Housing): 
  1. Race
  2. Creed
  3. Color
  4. Gender
  5. Disability
  6. Age 
  7. Religion
  8. Source of income
  9. Veteran status 
  10. Sexual orientation
  11. Familial status 
  12. Marital status
  13. Ethnicity  
  14. National origin
  15. First responder status
  16. Visible traits of an individual such as natural hair texture, protective hairstyles & donning of religious garments or items and shall include segregation

Suffolk County Human Rights Law:
  1. Race
  2. Color
  3. Creed
  4. Age
  5. National origin
  6. Alienage / citizenship
  7. Gender
  8. Sexual orientation 
  9. Disability
  10. Marital status 
  11. Sex
  12. Familial status
  13. Military status 
  14. Visible traits of an individual, such as natural hair texture, protective hairstyles & donning of religious garments or items
  15. Lawful source of income
  16. Veteran status
  17. Victim of domestic violence

To remind everyone, the federal law is the floor under which states and locales may not fall. Plus, there are often city / town / village anti-discrimination laws that are also relevant and must be respected in housing.

Discrimination is wrong and should be eliminated through trainings, policies, and lawsuits. As a society, we have to utilize all of the tools in our arsenal to make housing available to everyone irrespective of demographics.

Help us to get the word out on this one. It's important because unless everyone knows the protections, no one is really protected.





Read more »
By at
Tags: , , , , , , , , ,

Monday, July 19, 2021

Attention Mom & Pop Landlords & Tenants - New Anti-Discrimination Law

#listentolieb , anti-discrimination
Attention Mom & Pop Landlords & Tenants - New Anti-Discrimination Law

Ever see a landlord renting the second unit in their two-family residence who posted a sign in the window stating "whites only," or what about a landlord asking a prospective tenant for their religious affiliation with the intention of refusing to rent to persons of a particular creed? 


Effective July 16, 2021, that is illegal in the State of New York. 


Previously there was an exemption to anti-discrimination laws that permitted this despicable behavior when a landlord was renting an owner-occupied two-family unit, known as Mrs. Murphy Law.


Now, under Executive Law 296, all property in this state is subject to the same law for discriminatory advertising - it is unlawful to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application, or to make any record or inquiry which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, or familial status, or any intent to make any such limitation, specification or discrimination.


Are you happy that New York State is increasing accessibility and equality for all; or, do you miss the good old days when you could be a miserable bigot? 




Read more »
By at
Tags: , , , ,

Thursday, March 25, 2021

UPDATE on New Tenant Disclosure Form on Reasonable Modification and Accommodation

Disclosure Form , Human Rights Law
UPDATE on New Tenant Disclosure Form on Reasonable Modification and Accommodation
As an update on our BLOG on the new law requiring a disclosure form on reasonable modifications and accommodations, Governor Cuomo just signed Senate Bill S867 which removes the requirement that all landlords conspicuously post the disclosure form in all vacant listings. According to the New York State Senate website, “this measure was seen as an excessive mandate on landlords and difficult to enforce uniformly.”

Also, the new law is now under Section 170-d of the Executive Law. It was previously passed under Section 296 of the New York State Human Rights Law. This change means the failure to serve the disclosure form is no longer a listed discriminatory practice under the New York State Human Rights Law. Thus, it is unclear whether any penalty or enforcement is available on the new law or if it is just another lip service law.

As to the disclosure form itself, you can now access the New York State Division of Human Rights’ published disclosure form HERE.



Read more »
By at
Tags: , , , ,

Thursday, August 13, 2020

HIV Patients Have Right to Cosmetic Surgery

#liebatlaw , #listentolieb
HIV Patients Have Right to Cosmetic Surgery

The Federal Courts, in the Southern District of New York, awarded $125,000 to each individual who was denied cosmetic surgery due to their HIV-Positive status in interesting discrimination case. 

The case was brought under Title III of the Americans with Disabilities Act of 1990 (ADA) and the New York City Human Rights Law.

The penalty was based upon the HIV-Positive individuals' traumatic experiences, resulting in significant feelings of humiliation, shock, and worthlessness, as well as anxiety, stress, sleeplessness, and feelings of stigma and humiliation.

Again, $125,000 was awarded to each victim of discrimination who experienced emotional distress.

What do you think the award should have been?

  1. Nothing
  2. $20,000
  3. $125,000
  4. $1,000,000

Read more »
By at
Tags: , , , , , ,