New York Labor and Employment Law Report

New York has long protected its residents from discrimination in the job hiring process with the New York State Human Rights Law (NYSHRL), which was originally passed in 1945.  New York City also has its own Human Rights Law (NYCHRL) that further covers discrimination in job hiring.

Read More >> Out of State, Keep Them in Mind: New York Anti-Discrimination Laws Extend to Nonresident Job Applicants and Employees

On Nov. 17, 2023, Gov. Kathy Hochul signed Senate Bill S.3255, which amends Section 297 of the New York Executive Law by extending the statute of limitations for filing complaints of unlawful discrimination with the Division of Human Rights (DHR) to three years.

Read More >> New York Extends Statute of Limitations for Filing Claims of Unlawful Discrimination with the Division of Human Rights

As reported in our previous blog post, on May 26, 2023, New York City Mayor Adams signed a bill into law prohibiting height and weight discrimination within employment, housing and public accommodations under the New York City Human Rights Law. That law will go into effect tomorrow, November 22, 2023. Although these prohibitions are accompanied by a few exemptions, employers should note that such exemptions are narrow and dependent on allowances contained within either federal, state, or local laws or regulations, or as expressly permitted by the Commission on Human Rights.    

Read More >> Bill Prohibiting Height and Weight Discrimination Update

May 30, 2023 – UPDATE: On May 26, NYC Mayor Adams signed this bill into law, and it will go into effect 180 days later, on Nov. 22, 2023. Please feel free to reach out for steps your organization can take now to begin preparing.

On May 11, 2023, the New York City Council passed a bill which would prohibit height and weight discrimination within employment, housing and public accommodations under the New York City Human Rights Law (NYCHRL). As of this writing, the bill has been sent to Mayor Eric Adams for signature, who has 30 days to either sign the bill, take no action or veto it. If the mayor signs or takes no action, the bill becomes law and would take effect 180 days thereafter. In the event of a veto, the bill is sent back to the Council, which can override the veto with a two-thirds vote.

Read More >> NYC Council Passes Bill to Prohibit Height, Weight Discrimination

Employers are well aware of the risks a disgruntled employee may pose during their employment and even after their employment has ended. Sometimes, however, employers do not discover an employee’s unscrupulous behavior until after an employee has sued their employer for violation of one or more employee protection statutes, i.e., the New York Labor Law (NYLL), Fair Labor Standards Act (FLSA) or New York State Human Rights Law (NYSHRL). These statutes, however, also contain prohibitions against retaliation, leading many employers to question whether they could or should countersue an employee for tortious conduct and potentially risk a claim for retaliation. The Second Circuit in Kim v. Lee, 2023 WL 2317248, 22-61 (2d Cir. March 2, 2023), shed some light on this topic and held that an employer’s counterclaim is retaliatory when it is baseless or frivolous. The Court did not, however, decide whether non-frivolous counterclaims might support a valid retaliation claim.

Read More >> The Intersection of Employer Counterclaims and Retaliation: An Analysis of the Second Circuit’s Recent Decision in Kim v. Lee

On July 19, 2022, Gov. Kathy Hochul announced the launch of a statewide hotline for employees who believe they have been sexually harassed in the workplace. This announcement follows several pieces of legislation¹ passed in March 2022, in which sexual harassment protections for employees were expanded. As part of the legislation, the New York State Division of Human Rights was directed to establish a toll-free, confidential hotline for complainants of workplace sexual harassment. Employees can call the hotline and receive advice on their legal rights as applied to their specific circumstances from attorneys, who staff the hotline pro bono. As of July 20, 2022, the hotline is operational from 9 a.m. to 5 p.m., and can be reached at 1-800-HARASS-3 (1-800-427-2773).

Read More >> NYS Launches Sexual Harassment Hotline

On June 24, 2022, in Dobbs v. Jackson Women’s Health Org., 2022 WL 2276808 (June 24, 2022), the U.S. Supreme Court overruled Roe v. Wade 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey 505 U.S. 833 (1992) and held that (i) the U.S. Constitution does not confer a right to abortion and (ii) the authority to regulate abortion is held by the states. The statute at issue in Dobbs was Mississippi’s Gestational Age Act, which banned abortion after 15 weeks except in a medical emergency or in the case of severe fetal abnormality. Employers across the nation must now determine how to evaluate and respond to the far-reaching implications of this decision.

Read More >> The Demise of Roe v. Wade: Employment and Benefits Considerations

On May 12, 2022, Mayor Adams signed into law the NYC Council Amendment to the recently enacted Salary Transparency Law. In addition to postponing the law’s effective date to Nov. 1, 2022, this amendment also clarifies three other aspects of the law:

Read More >> NYC Salary Transparency Amendment

On Jan. 15, 2022, the New York City council amended the City Human Rights Law to encourage equity and transparency in pay.¹ This amendment is part of larger national trend towards greater pay transparency. Several states have adopted similar laws, and the New York State legislature has introduced pay transparency legislation which is currently under consideration. On March 22, 2022, the City’s Commission on Human Rights issued guidance for employers providing some much-needed clarity in advance of the effective date. This blog post will outline the requirements of the new law, informed by that guidance, and it will provide recommendations for what employers can do now to get ready for this new compliance obligation.

Read More >> New York City Pay Transparency Law Update

The Fair Chance Act (FCA), which was added to the New York City Human Rights Law (NYCHRL) on Oct. 27, 2015, provides “fair chance” protections to workers with criminal convictions and limits when and to what extent employers can consider an individual’s criminal history in making employment decisions. On July 15, 2021, the New York City Commission on Human Rights (NYCCHR) issued new guidance¹ interpreting key amendments to the FCA that go into effect on July 29, 2021. 

Read More >> NYC Amends Fair Chance Act

Earlier this month, the federal court for the Western District of New York issued a decision in Charter Communications, Inc. v. Derfert, No. 20-cv-915, 2021 WL 37726 (W.D.N.Y. Jan. 4, 2021) holding that an employment arbitration agreement did not preclude a hearing before the New York State Division of Human Rights (the Division) on an employee’s discrimination claim.

Read More >> Arbitration Agreement Does Not Bar New York State Division of Human Rights Proceeding

On July 12, Governor Cuomo signed a bill amending the New York Human Rights Law to prohibit employment discrimination based on "traits historically associated with race, including, but not limited to, hair texture and protective hairstyles."  The term "protective hairstyles" includes, but is not limited to, "such hairstyles as braids, locks, and twists."  This amendment took effect immediately upon the Governor's signature.

Read More >> New York Amends the Human Rights Law to Prohibit Discrimination Based on Traits Historically Associated With Race (Such As Hair Texture and Protective Hairstyles)