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.

Restaurant Food Delivery Sanitary Inspection Grade Disclosure Law

Starting on March 25, 2025, a new law (A00028) requires restaurants that provide food deliveries through a website or mobile application to post a hyperlink to the restaurant’s sanitary inspection grades.

The law applies to "internet-based food delivery service providers," including not only restaurants offering deliveries online, but also third-party mobile applications/websites that coordinate food deliveries to customers of restaurants.

This law includes a civil monetary penalty for violations. 

New York Simplifies Notary Rules, Streamlining Cross-State Deals

New York has passed a new law, Bill S2271, that simplifies the recognition of out-of-state notarizations, making it easier for businesses and individuals to transact business across state lines.

Previously, New York required a "certificate of conformity" to verify that out-of-state notarizations complied with the laws of the other state. This extra step created delays and added costs for transactions. Under the new law, the signatures and titles of authorized out-of-state notaries now serve as conclusive proof of their authority. 

In simple terms, if a document is notarized according to the laws of another state, it will be treated as valid in New York without additional verification.

By eliminating these unnecessary hurdles, the law streamlines cross-state transactions, saving time and money. Businesses can now operate more efficiently across state lines, while individuals benefit from smoother processes when buying property, signing contracts, or managing other legal matters.

The law is effective immediately, offering instant relief to those dealing with cross-state paperwork. Whether you’re a business professional or a consumer, this change makes interstate transactions easier, less expensive, and more efficient. 

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Discriminatory Tenant-Screening Tool Results in $2.275MM Payment

On November 20, 2024, the Honorable Angel Kelley of the United States District Court of Massachusetts issued a Final Approval Order for a $2.275 million settlement involving SafeRent Solutions, LLC ("SafeRent"). In the lawsuit, it was alleged that SafeRent's tenant-screening algorithm was used to evaluate rental applicants where it disproportionately disadvantaged housing voucher recipients, particularly Black and Hispanic applicants. 

Under the settlement, SafeRent committed to:

• No longer use unvalidated scoring models for applicants with housing vouchers unless validated by organizations like the National Fair Housing Alliance.
• Educate landlords on the differences between its scoring models and the implications for housing voucher applicants.

In addition, SafeRent will pay $1.175 million into a settlement fund for affected applicants and $1.1 million for attorneys’ fees. Moreover, landlords using SafeRent’s screening products must certify whether applicants are housing voucher recipients. If certification isn’t provided, tenant-screening scores will be excluded.

For those using tenant-screening services, this case highlights the risks of relying on AI-driven tools without thoroughly understanding or auditing the impact of these tools. Algorithms that inadvertently reinforce biases, whether based on income, race, or other protected characteristics, could lead to significant legal and financial liabilities under the Fair Housing Act and state and local anti-discrimination laws.

Landlords and PropTech should conduct regular audits by trusted third-party validators to avoid discrimination as technology rapidly emerges in this field.

Landlords and PropTech should take this case as motivation to review your screening process, including:

• Do your tools account for biases in their data or design?
• Are they validated for compliance with anti-discrimination laws?
• Are you confident they don’t inadvertently exclude protected groups?

As SafeRent’s case demonstrates, the stakes are high. It’s not just about avoiding lawsuits, it’s about ensuring equitable access to housing and fostering trust in the rental process. Invest in a third-party audit of the AI tools you use, update your policies, and ensure your practices align with Federal, State, and Local fair housing laws.