LIEB BLOG

Legal Analysts

Showing posts with label sexual harassment. Show all posts
Showing posts with label sexual harassment. Show all posts

Monday, November 20, 2023

20 Nov

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...

Tuesday, March 14, 2023

14 Mar

Important Discrimination Bill Passes NYS Senate - It's on the Assembly Now

On 3/13/2023, S3255 passed the NYS Senate and was delivered to the Assembly. This Anti-Discrimination Bill is so important to school-children and governmental employees facing discrimination in the State of New York.Currently, when suing many governmental defendants for discrimination, such as school districts, victims...

Thursday, December 08, 2022

08 Dec

Major Sexual Assault / Sexual Harassment Law Signed by President Biden

On December 7, 2022, President Biden signed the Speak Out Act into law. Now, nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes are unenforceable if they were agreed to before the dispute arises. According to the Act, a nondisclosure clause...

Monday, August 29, 2022

29 Aug

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...

Thursday, March 31, 2022

31 Mar

Stop Sexual Assault and Harassment in Transportation Act Passes the House

The Stop Sexual Assault and Harassment in Transportation Act passed the House on March 30, 2022 and now makes its way to the senate. If passed, the Act will require airlines, railroads, vessels, buses, and transit entities (e.g., Uber / Lyft) to establish "a formal policy with respect to transportation sexual...

Tuesday, March 08, 2022

08 Mar

Workplace Sexual Harassment Hotline about to be Established by NYS Division of Human Rights

On March 7, 2022, the NYS Senate joined the Assembly to pass a bill (now going to the Governor to be enacted), which establishes a hotline for complainants of workplace sexual harassment. The Bill's Justification explains that "[n]early 75% of all sexual harassment goes unreported," and it envisions that this toll-free...

Friday, March 04, 2022

04 Mar

Sexual Harassment & Assault Claims can be Brought by victims as Class Actions in Court

Victims of sexual harassment and sexual assault can now proceed in a class action, with other victims, and can also litigate their case in court, individually or collectively, regardless of having previously executed an arbitration agreement. This is really important because powerful companies have traditionally forced...

Thursday, March 11, 2021

11 Mar

Expect New Federal Sex Discrimination Laws & Regulations by the End of 2021

President Biden just established a Council to coordinate the Federal Government's efforts to advance gender equity and equality. In plain English, this counsel's mission is to combat sex discrimination by providing legislative and policy recommendations by September 24, 2021.Stay tuned. Equality is happening...

Monday, December 28, 2020

28 Dec

Employment Sexual Harassment - Case of Interest - Exceeding Petty Slights or Trivial Inconveniences

Back on October 11, 2019, the NYS Human Rights Law was modified with a new standard for actionable employment sex discrimination. The new standard was intended to align NYS more closely with the NYC Human Rights Law. The new standard is that conduct that exceeds "petty slights or trivial inconveniences" is actionable. As...

Thursday, January 02, 2020

02 Jan

Employers May be Exposed to a Sex Discrimination Lawsuit From...an Alleged Harasser?

In this “Me Too” era, it is logical that an employer’s reflexive reaction to receiving a complaint of harassment from a female employee is to immediately fire the alleged male harasser. However, while the employer may believe that firing the male employee will protect the employer from a lawsuit by the female employee,...

Tuesday, October 29, 2019

29 Oct

Real Tips HR: Can Employers Fire an Employee Accused of Sexual Harassment?

In this #metoo movement, employers must know how to react when an employee gets accused of sexual harassment. Can employers just fire someone on the spot? Andrew Lieb and Mordy Yankovich explain the answer in this short clip. ...

Friday, October 11, 2019

11 Oct

Protections for Victims of Harassment are Effective Today.

The following provisions of the recently passed New York State law which provide additional protections for victims of harassment/discrimination based on any protected class (sex, race, religion, etc.) go into effect today:  1)  As of today, the high "severe and pervasive" standard for establishing claims of...

Tuesday, October 08, 2019

08 Oct

Can Employers Discriminate Against Employees Based on Their Sexual Orientation or Status as Transgender? The Supreme Court to Weigh-In.

The Supreme Court of the United States is hearing oral arguments on three high profile cases today which will have a significant impact on LGBTQ rights in the workplace. In the first two cases, Bostock v. Clayton County, Georgia and Altitude Express, Inc.v. Zarda, the justices will determine whether Federal law prohibits...

Monday, September 09, 2019

09 Sep

Deadline = 1 Month: Sexual Harassment Prevention Training

Attention all employers / HR managers - you have 1 month left to complete your sexual harassment prevention training of all employees as required by Labor Law 201-g. Failure to train = misdemeanor and exposure to lots of fines by the DOL. Get your employees trained at sexualharassmenttrainingny.com...

Wednesday, August 21, 2019

21 Aug

Status as a Victim of Domestic Violence is Now a Protected Class in New York State

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...

Tuesday, August 13, 2019

13 Aug

Have you been the victim of employment discrimination?

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...

Monday, August 12, 2019

12 Aug

Alert: CT Reduces Threshold for Mandatory Sexual Harassment Training

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...
12 Aug

Alert: Cuomo Makes it Easier for Workplace Sexual Harassment Claims

Attention Employers and HR!!!! Cuomo signs sexual harassment law- as we first reported on June 19, 2019, A08421 passed both houses and now Cuomo has made it the law of the State of New York. The legislation does the following: Changes the severe or pervasive standard of harassment to a very low standard...

Wednesday, July 03, 2019

03 Jul

Real Tips HR: New Discrimination Standard in NYS Coming Soon

Jokes which previously did not rise to the level for discrimination in the State of New York because they weren't pervasive may now qualify for a claim. Learn how even non-employees can bring suit for being offended by sex jokes. It's time to get your sexual harassment training today at www.discriminationpreventiontr...

Thursday, June 20, 2019

20 Jun

Harassment Law Game Changer - HR's Sample Notice to Employees

Attention Business Owners and HR Lieb Compliance has solved your immediate need to protect your company against the new NYS Workplace Harassment Standard - see below. Alert: Workplace harassment / discrimination standard reduced to permit claims for acts only rising above "petty slights" or "trivial inconveniences." Act...