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New York: Statewide Gender Identity and Transgender Anti-Discrimination Law Passed

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February 24, 2019

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While New York City expands protections for sexual and reproductive health decisions, New York State also made a move to expand the list of protected categories set forth in the New York State Human Rights Law (NYSHRL). Specifically, the state legislature passed the Gender Expression Non-Discrimination Act (GENDA), which adds “gender identity or expression” to the list of protected classes under the NYSHRL. Discrimination, including workplace discrimination, based on a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristics are prohibited.

Action Items

  1. Have anti-discrimination policies and training materials updated for compliance with the new requirements.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

New York City, NY: New Protected Categories Centered on Reproductive Choice

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All Employers with 4 or more New York City, NY Employees

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May 20, 2019

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The New York City Council recently voted to amend the NYC Human Rights Law to include “sexual and other reproductive health decisions” to its list of protected classes. The amendment prohibits discrimination against applicants or employees based on their sexual and reproductive health decisions, defined as “any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions.”  Examples of such services include, but are not limited to, fertility-related procedures; STD prevention, testing, or treatment; family planning services or counseling; birth control drugs or sterilization treatments; emergency contraception; pregnancy testing; or abortion.

Action Items

  1. Have anti-discrimination policies and training materials updated for compliance with the new requirements.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

New York, NY: Final Regulations for “Ban the Box” Go into Effect, Expand Employee Rights

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August 5, 2017

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New York City “banned the box” nearly two years ago with the implementation of the Fair Chance Act (the “Act”).  Recently, the NYC Commission on Human Rights published final regulations that expand upon the enforcement guidance implementing the Fair Chance Act.  These regulations clarify existing obligations and impose additional obligations on employers performing background checks on potential and existing employees.

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New York City: “Fair Work Week” Legislation Piles on New Employer Obligations for Scheduling

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in Fast Food or Retail Industries

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November 26, 2017

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On May 30, 2017, Mayor de Blasio signed into law the “Fair Work Week” legislative package, which includes five bills affecting workplace practices for fast food and retail workers operating in New York City. This legislative package is similar in many ways to Seattle’s Secure Scheduling Ordinance, though NYC’s bills are even more stringent in requirements.  This may signal the beginning of a shift in the development of fast food and retail employee rights.
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July Updates

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This Short List addresses the following topics:
  1. USCIS Updates: L-1B Visas, H-1B Cap Exemptions, and Visa Program Fraud and Abuse
  2. California: Workers Are Entitled to Wage & Hour Protections, Regardless of Work or Immigration Status
  3. California: Poster Requirements for Barbers and Cosmetology License Holders
  4. California: New Notice Employers are Required to Provide at Hire
  5. Louisiana: Court Rejects Whistleblower Complaint from Independent Contractor
  6. Missouri: Recent Changes Made to State Anti-Discrimination Statutes
  7. Texas: Texting While Driving Banned
  8. New York City: New Rules Issued to Clarify Freelance Isn’t Free Act

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NYC – Pregnancy Accommodations at Work Posting

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The NYC Human Rights Law requires all employers with four or more employees to provide reasonable accommodations for employees related to pregnancy, childbirth, and related medical conditions, among other requirements.

One of these requirements is for employers to provide written notice of employees’ rights under the law. The below Posting and Fact Sheet are provided by the NYC Commission on Human Rights and satisfies that posting requirement.