Amanda Van Hoose Garofalo

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UPDATE: New York State Expected to Vastly Overhaul Harassment/Discrimination Laws Again

As we reported in our blog post, and our summer newsletter, in late June, the New York Legislature passed a bill that vastly changed the discrimination and harassment landscape for employers. Today, Gov. Cuomo signed that bill into law.   As a result, employers likely now need to change their New York state-required anti-harassment policies and training. … Continue Reading

New York State Expected to Vastly Overhaul Harassment/Discrimination Laws Again

Late on June 19, New York lawmakers passed a bill that makes wide-sweeping changes to New York State discrimination and harassment law. Gov. Andrew Cuomo has indicated that he will sign the bill, but he has not done so at this point. The bill implements changes related to the construction, definitions, proofs, affirmative defenses, policies … Continue Reading

Reminder: Beginning July 18, NYC Employers Are Required to Accommodate “Personal Events”

Most New York City employers are probably familiar with the Fair Workweek Law that went into effect Jan. 1, 2018, but surely not all New York City employers are. That is likely because until now, that law applied only to fast-food restaurants and retail employers. But all that will change come July 18, 2018, when … Continue Reading

Budget Bill Imposes Sweeping Requirements on Employers Related to Sexual Harassment

The #MeToo movement is not finished making waves just yet. Governor Cuomo signed a 2019 Budget Bill on April 12, 2018, but the bill did not limit itself to budgetary issues. Instead, it included sweeping revisions to several statutes, resulting in several new requirements for employers doing business in New York State: Anti-Sexual Harassment Policies … Continue Reading

UPDATE: The Second Circuit Finds Title VII Protects Against Sexual Orientation Discrimination

As we discussed in our May 22, 2017 blog post, the Second Circuit agreed to hold an en banc hearing to determine whether an estate for a gay man, who alleged he was terminated as a result of a customer complaint related to his sexual orientation, may revive its previously dismissed case against the deceased’s … Continue Reading

Hope for Employers on the Wage and Hour Front: The Department of Labor Brings Back Opinion Letters

Given the exponential uptick in wage and hour lawsuits during the Obama administration and the United States Department of Labor’s (DOL’s) continuing aggressive enforcement of wage and hour laws, many employers have felt the risk of a potential lawsuit looming over their heads for pay violations they may not even know exist. Before 2010, Opinion … Continue Reading

New York District Court Holds That Title VII Protects Against Sexual Orientation Discrimination

UPDATE:  On May 22, 2017, in Melissa Zarda et al. v. Altitude Express d/b/a Skydive Long Island et al., the Second Circuit agreed to hold an en banc hearing to determine whether an estate for a gay man, who alleged he was terminated as a result of a customer complaint related to his sexual orientation, … Continue Reading

Recent Developments in Transgender Issues

UPDATE: Transgender Individuals Have Right to Choose Their Gender Appropriate Bathroom On May 30, 2017, in Ashton Whitaker v. Kenosha Unified School District et al., the Seventh Circuit upheld a preliminary injunction requiring a Wisconsin school district to permit a trans male individual to use the men’s restroom. In so doing, the Seventh Circuit ruled … Continue Reading

A Shift Toward Employers?

As most employers are now aware, the National Labor Relations Board (NLRB, or the “Board”) in recent years has adopted more restrictive, non-employer-friendly approaches to what it will permit in workplace policies. These rules have been applied to union employers and just as vigorously to unorganized employers. Management labor lawyers have been placing their clients … Continue Reading

EEOC Issues New Enforcement Guidance On National Origin Discrimination

On Nov. 21, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination for the first time in 14 years. Some may speculate whether this has anything to do with increased ethnic tensions in the wake of the presidential campaign and election results. Some also recognize that in … Continue Reading

Transgender Issues in the Law and in the Workplace

UPDATE: On Friday, October 28, 2016, the Supreme Court granted certiorari in the Fourth Circuit case arising out of Virginia, which was discussed in our Sept. 21, 2016 blog post.  The Fourth Circuit case related to a high school student’s ability to use the bathroom of the sex with which he identifies.  In August, the Court also … Continue Reading
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