Do Employment Discrimination Victims Need to File for Workers' Compensation to Win Big Emotional Distress Damages?

Victims of employment discrimination in New York will be well pressed to file for Workers' Compensation concerning any related emotional distress starting on January 1, 2025 or they will be very limited in recovering emotional distress damages as part of their discrimination claim.

Specifically, Workers' Compensation Law 10(3)(b) has been amended, by A5745, to permit all "worker[s to] file[] claim[s] for mental injury premised upon extraordinary work-related stress incurred at work."

Previously, the availability of Workers' Compensation for "mental injury premised upon extraordinary work-related stress" only applied to emergency service workers (police, firefighter, emergency medical technician, paramedic, & emergency dispatcher), but now it applies across the board to all workers. Moreover, Worker's Compensation for such mental injuries was previously limited to "work-related emergency" and now it just must occur "at work." This amended law is very broad and clearly applies to all workers for work related post-traumatic stress disorder (PTSD).

That all said, a worker seeking to obtain Workers' Compensation benefits for such mental injuries still has the burden of demonstrating a causal relationship supported by a rational basis between his work and his documented PTSD diagnosis. To prove this connection, a worker should hire both Workers' Compensation counsel and Employment Discrimination counsel as the two claims are now wholly interrelated and a failure of one will hurt the other and vice-versa. 

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Avoiding Discrimination in AI: CLE from Lieb at Law's Claudia Cannam

As artificial intelligence continues to transform industries, it also presents unique legal challenges, particularly in avoiding discriminatory practices embedded in AI systems. To help attorneys navigate these complexities, Lieb at Law Associate Claudia Cannam recently taught a 1-credit CLE course through Quimbee, titled “Avoiding Discrimination in AI.”

Avoiding Discrimination in AI: In order to navigate some of the legal challenges that come with new tech, you must understand the hidden biases in artificial intelligence systems and their legal impact. This course will dive into how AI discrimination occurs and its real-world consequences. We will review practical advice and strategies for avoiding discrimination when using AI.

Register Now: Attorneys can register for Claudia Cannam's Avoiding Discrimination in AI CLE course here.

Ted Cruz Protects Women - the Take It Down Act Passes Senate

Sponsored by Ted Cruz, the Take It Down Act (S4569) has passed the Senate and heads to the House so that a newly inaugurated President Trump can protect women from online sexual harassment, including revenge porn. 

Is Trump 2.0 going to be the protector of women? He did say that he is the protector of women “whether the women like it or not," maybe foreshadowing signing this bill? 

Anyway, to the law, it modifies the criminal prohibition on intentional disclosure of nonconsensual intimate visual depictions (47 USC 223) by inserting a new subsection (g). This new section includes penalties of up to 2 years in prison (3 if it involves a minor). Under the law, it's now (if signed by Trump) unlawful to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual where their was a reasonable expectation of privacy, amongst other crimes. Plus, there is a restitution section where victims can receive compensation for their pain, including for psychological care, lost income, and attorneys’ fees, plus any costs incurred in obtaining a civil protection order. 

To be clear, the law is not sex / gender specific and in fact, there is a section about utilizing a digital forgery of a person without consent, regardless if it it contains intimate depiction.

Think Disabled Employees Should be Paid AT LEAST Minimum Wage?

The Federal Department of Labor is seeking by Proposed Rulemaking to eliminate certificates that had allowed employers to pay productivity-based subminimum wages to workers with disabilities without violating the Fair Labor Standards Act. 

Think it's a good idea?

Regardless, think Trump thinks it's a good idea? 

Interesting time to make such a change given that Trump likes that cheap labor regardless that the purpose of the curtailments was altruistic in creating opportunities for employment for the disabled. 

Anyway, you can share your thoughts on or before January 17, 2025, identified by Regulatory Information Number (RIN) 1235-AA14, by either of the following methods:

• Electronic Comments: Submit comments through the Federal eRulemaking Portal at https://www.regulations.gov. Follow the instructions for submitting comments.
• Mail: Address written submissions to: Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW, Washington, DC 20210.

New NYS Law Protects Against Hate Crimes Targeting Religious Attire Creating Evidence of Discrimination

New York State is taking a strong stand against hate crimes and by doing so, are enhancing discrimination claims in the workplace, in housing, and in education. Specifically, starting on November 26, 2024, it became a crime to remove or threaten to remove someone's religious attire. 

The new law (S05302) amends Section 240.30 of the New York Penal Law, which defines certain acts of aggravated harassment as crimes. The amendment explicitly makes it a crime to remove or threaten to remove a person's "religious clothing article or headdress" with the intent to harass, annoy, threaten, or alarm them and be motivated by a belief or perception about the person's:

• Race
• Color
• National Origin
• Ancestry
• Gender
• Gender Identity or Expression
• Religion
• Religious Practice
• Age
• Disability 
• Sexual Orientation

Because such topics are protected classes under the New York State Human Rights Law (protecting against discrimination in employment, housing, and education), the act of the assailant in forcibly removing a person's hijab, turban, kippah, and the like, will render discrimination claims much stronger with the presence of this new law.

Stated otherwise, if you or someone you know has experienced harassment or discrimination related to religious attire, this new law provides a clear path for seeking justice—don’t hesitate to take action and protect your rights.