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.

Discrimination Attorney Andrew Lieb explains the challenges of proving age discrimination claims under The Age Discrimination in Employment Act of 1967 and current efforts in Congress to lower the bar. 

He also discusses whether the parents of a 9-year old Kansas City Chiefs fan have a legal case against Deadspin for portraying him as having blackface in an article where they targeted him for face paint and wearing a headdress.

Attorney Andrew Lieb joins The National Report Court on Newsmax TV to debate a recent court ruling in which a federal judge rejected Texas' bid to stop federal agents from cutting razor wire that Texas had installed along the U.S.-Mexico border. Andrew Lieb debates whether Texas has the legal authority to sue the federal government over its border security policies by citing the need for sovereign immunity in order for the US Government to function.

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. 

Governor Hochul enacted significant legislation this week marking a pivotal moment for freelancer workers across New York State by signing BillA06040, known as the "Freelance Isn't Free Act".

Before the introduction of this law (Labor Law 191-d), problems for freelancers included:

1. Delayed or Non-Payment: Without legal mandates, there was little to no consequence for payment terms leaving freelancers financially vulnerable.
2. Lack of Written Contracts: Many freelance engagements proceeded without formal written contracts, leading to misunderstandings and disputes about work scope, payment terms, deadlines, and other essential aspects of the work arrangement.
3. Limited Recourse for Contract Violations: Prior to this law, there was no straightforward legal recourse if an agreement was violated. Pursuing legal action was often costly and time-consuming, making it an impractical option.
4. Absence of Standardized Contract Terms: With no standardization of contract terms, freelancers often agreed to unfair or exploitative conditions due to lack of industry standards or fear of losing work.
5. Retaliation: Freelancers often hesitated to assert their rights or demand fair treatment due to the fear of being blacklisted or losing future work opportunities
6. Administrative Burdens: Freelancers were often burdened with the responsibility of chasing payments and resolving disputes on their own

On November 22, 2023 Governor Hochul signed Bill A06040 into law thereby creating Labor Law 191-d, the "freelance isn't free act." 

This law will replicate, in large part, the labor rights of freelance workers in NYC throughout state. The Governor's statement on the Bill can be found here. 

This new law defines which Freelance Workers are protected and then requires that Hiring Parties provide timely payments, a right to a written contract with specific terms, a private right action for violations, a right to no retaliation, a public awareness outreach campaign, a reporting requirement and more. In lawsuits buy Freelance Workers, freelancers who are denied rights can claim liquidated damages plus attorneys fees. 

NYS DOL will provide model contracts as well as a non-judicial, administrative process for resolving disputes between Hiring Parties and Freelance Workers.

The goal of this new law is to ensure that all laborers get the right to fair and timely pay. 

In this interview on Scripps News, Discrimination Attorney Andrew Lieb discusses a new report from the UN Human Rights Committee that spotlights ongoing discrimination faced by the LGBTQ community in the United States. Lieb analyzes the committee's concerns about discriminatory laws targeting transgender people at the state level. He also addresses issues around employment discrimination, suicide rates in the LGBTQ community, and whether legal protections for LGBTQ individuals have expanded in recent years. This important conversation provides insight into the challenges that still exist and the ongoing fight for equality.

Starting on 11/17/2023, security devices are prohibited on entries to residential buildings without express authorization.

Specifically, new GBL 390-e states that "any keyless security device used to control and secure access to the common areas of any residential building without the express written consent of the owner, board of managers, board of directors, or authorized party of such property" is prohibited.

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.

On November 14, 2023, Governor Hochul enacted A06656, amending Section 756-a of New York State's Real Property Actions and Proceedings Law. This amendment is designed to safeguard real property owners from the threat of not resolving claims of potential deed theft fast enough while an eviction or foreclosure is pending. 

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.

Labor Law 201-g went into effect on October 9, 2018.

Did you know that Plaintiffs (sexual harassment victims) are suing companies for failing to comply with this mandatory training and disclosure law?

In December of 2018, New York County saw its first lawsuit alleging that a "Plaintiff was injured, in whole or in part, as a result of CIRE's failure to comply with NYC Admin Code § 8-107(29) and Labor Law § 201-g."

The case was about a "hostile, offensive, abusive and otherwise inappropriate work environment." 

Allegedly, this harassment included:

• Asking Plaintiff if he was single;
• Asking Plaintiff to go out with her for drinks and dinner, unrelated to business;
• Telling Plaintiff how handsome he and flirting with Plaintiff;
• Complimenting Plaintiff's choice of clothes;
• Telling Plaintiff he should have a girlfriend;
• Telling Plaintiff that having a girlfriend would afford him a health insurance entitlement, which "by the way I, Sarine have health insurance";
• Telling Plaintiff what color clothing he should be warning;
• Moving her desk next to Plaintiff's desk;
• Staring at Plaintiff at all hours of the day and commenting on his face or hair;
• Standing unnecessarily close to Plaintiff when speaking;
• Inappropriately attempting to give Plaintiff hugs and kisses;
• Demanding that Plaintiff "pinky swear" so that he not disclose something that occurred between Ms. Atamian and another employee, just so she could touch Plaintiff's hand;
• Unnecessarily interrupting Plaintiff's conversations with others;
• Demanding that Plaintiff open personal packages and mail in front of her;
• Requiring that Plaintiff make all requests for basic company information, documentation, etc., through her, where other brokers were permitted to engage in such activities on their own.
• Making inappropriate inquiries concerning what Plaintiff was doing, who he was with, etc. when he was not at the Office;" 

In fact, the Plaintiff argued that this violation of Labor Law  § 201-g  should result in Christie's International Real Estate Group, Inc. and two individual parties, paying "compensatory damages, punitive damages, statutory damages and special damages, as well as his costs, fees (including attorneys' fees) and disbursements, plus pre and post judgment interest, in amounts to be determined at trial, which amounts exceed the jurisdictional minimums of this Court"

Have you scheduled your annual training yet?

• 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.

Legal analyst Andrew Lieb joins Newsmax to discuss Michael Cohen's involvement in the civil fraud case against Donald Trump. Lieb provides context on Cohen's role as Trump's former fixer and explains how Cohen clarified his statements about Trump's direction during cross examination and redirect on the witness stand.

On October 31, 2023, the NY AG Letitia James released a report detailing racial disparities in homeownership and financing throughout NY while calling to enhance the state's anti-discrimination law, the New York State Human Rights Law (NYSHRL). 

The Report highlights that mortgage applicants of color are denied mortgages at nearly double the rate of white applicants, regardless of credit score, income, size of the loan, and other factors. Plus, they are more likely to be charged higher interest rates on their loans and less likely to be approved to refinance to lower rates. These higher costs total over $200 million extra to minorities. 

The Report calls for the strengthening the NYSHRL to explicitly cover disparate impact discrimination based on race, including increased enforcement against lenders. In fact, it has a 3 step plan:  

1. Obtain increased $$ for government agencies to conduct fair lending work.
2. Strengthen NYSHRL to prohibit lenders from engaging in discrimination any practice by requiring lenders to have a legitimate and nondiscriminatory justification for their actions. 
3. Passing Senate Bill 795 to prohibit unfair business practices. 

If you'd like to read more about the report click here.

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. 

On October 25th, 2023 Governor Hochul signed A1153A to amend New York State's Banking Laws to protect against unregistered and unlicensed mortgage brokers. 

This amendment prohibits mortgage lenders from conducting business with any individual or entity which it knows or should have known is acting as a mortgage banker or a mortgage broker without being licensed or registered with New York State's Department of Financial Services (DFS). This amendment exempts entities who provide mezzanine mortgages.

This amendment also requires a mortgage banker, mortgage broker or entities who provide mezzanine mortgages to notify DFS of any mortgage banker or a mortgage broker acting without being licensed or registered.

If non-exempt unlicensed or unregistered mortgage banker or a mortgage broker engages in unauthorized activities after DFS issues a cease-and desist notice, then that non-exempt unlicensed or unregistered mortgage banker or a mortgage broker is liable for the actual damages equivalent to the amount of money paid to the person affected.

This amendment goes into effect November 7th, 2023, which is the 13th days after it became a law. Click here to read the law. 

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 male, person 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. 

On October 25th, Governor Hochul signed A06833 adding additional protection to New York State's Human Rights Law making it clear that discrimination of any kind is unacceptable in New York. This addition is effective as of October 25th, 2023. 

This addition will protect Homeowners from being discriminated against by Real Estate Appraisers based on the Homeowner's protected characteristic, including race, creed, national origin, sex, age, disability, marital status, military status, family status, sexual orientation, or gender identity.  

With this addition the Department of State will be able to revoke, or suspend the license of a Real Estate Appraiser found to be in violation of the Human Rights Law. 

New York State felt this addition was necessary after it was revealed that Real Estate Appraisers in Illinois, California, Florida, and Connecticut had been found to lower appraised home values by up to 50% based on what the Appraisers find in the home including, cultural pieces, books written by people of color and family photos of people of color that were left out in plain view. 

New York State is making sure these discriminatory practice does not take place in New York and this addition to the Human Rights Law will discourage these discriminatory acts. 

If you were discriminated against by a Real Estate Appraisers in New York within the last 3 years, you may have a claim under New York State's Human Right Laws.  

To read more about this addition to New York State Human Rights Law, click here.   

Lieb at Law, P.C. is Hiring!

Role Overview: We are in search of a dynamic Associate Attorney with 1 to 3 years of litigation experience. If you are a passionate advocate who thrives in the spotlight of high-profile cases and is eager to tackle complex legal strategies, this position might be for you.

Responsibilities:

• Handle litigation in Plaintiff, Defense, and Appeals. Fields of practice include Civil Rights/Discrimination, Employment, Real Estate Litigation, Real Estate Brokerage, & Commercial Litigation.
• Draft pleadings, manage discovery, draft / oppose motions, ADR, administrative proceedings, prepare trials, and draft appeals.
• Collaborate effectively within a collegial team environment.

Requirements:

• JD
• Admitted to the New York State Bar (a plus, but will consider 2023 graduates who just passed the NY Bar)
• 1+ years of litigation experience, ideally within a private law firm context
• Proficiency in drafting compelling legal motions
• Skilled in legal research; experience with Westlaw is a plus
• Strong organizational, critical thinking, and persuasive communication skills, both written and verbal
• Familiarity with employment litigation, discrimination litigation, real estate litigation and commercial litigation will be advantageous

About Lieb at Law, P.C.: Our firm stands at the forefront of legal innovation, championing victims of discrimination and offering expertise in a variety of legal sectors. By merging advanced technology with a profound human touch, we ensure top-tier, cost-efficient representation. Our commitment to self-confidence, grit, and skill fuels our success, and we provide our team with cutting-edge tools for collaboration and research.

Our team not only litigates in the courtroom but we also contribute significantly to the broader legal community, with our managing partner serving as a media legal analyst and our attorneys teaching at various educational platforms. At Lieb at Law, P.C., we continually adapt to the evolving legal landscape, giving our clients the strategic edge they deserve.

Why Join Us? From the outset, brace yourself for an immersive experience, tackling challenging cases that not only test and refine your litigation skills but also have the potential to make headlines. The cases you'll work on here are more than just legal proceedings; they're opportunities to influence case law and drive policy changes for broader societal betterment. Our team is a harmonious blend of seasoned professionals, deeply committed to mentorship, where we ensure every member's growth. If you aspire to leave a lasting imprint in the legal arena and effect genuine change, Lieb at Law, P.C. is where your journey begins.

Resumes to careers@liebatlaw.com

Recent trends have seen the Equal Employment Opportunity Commission (EEOC) significantly bolster its scrutiny on workplace discrimination, particularly on the front of disability discrimination. As advocates for those who face injustice, Lieb at Law, P.C. delves into these trends and urges those affected to seek their rightful legal recourse.

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