October 1, 2018

Getting into Compliance with New York State’s Anti-Sexual Harassment Laws

New York State’s anti-sexual harassment laws require employers to update or create an anti-sexual harassment policy and employee training. Even existing policies and trainings likely need to be revised since the new law creates specific requirements that may not be in the current policies and trainings, including:

  • specifying how complaints will be handled;
  • encouraging employees to submit complaints;
  • giving examples of what constitutes harassment.

Employers who do not currently have anti-sexual harassment policies or trainings need to implement them.

 At the end of August 2018, New York State released a number of documents on its new anti-sexual harassment website. These documents exist to help employers get into compliance with the new laws, and include:

Although these model documents are still in draft form, employers must start to adapt and implement them, shortly. Anti-sexual harassment policies should be circulated to employees by October 9, 2018, and employees must be trained before January 1, 2019, and within 30 days of being hired.

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The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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