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New York, NY: New Reasonable Accommodation Requirements for Employers

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All Employers with 4+ New York, NY Employees

EFFECTIVE

July 18, 2018

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On January 18, 2018, New York City passed Int. No. 804-A, which amends the New York City Human Rights Law (“NYCHRL”) to require employers to engage in a “cooperative dialogue” to address an employee’s accommodation needs. Specifically, employers must engage in a cooperative dialogue within a reasonable time, upon request for a reasonable accommodation or when the employer has notice an employee may require an accommodation, related to religious needs; disability; pregnancy, childbirth, or a related medical condition; or as a victim of domestic violence, sex offenses, or stalking.

A “cooperative dialogue” includes a good faith written or oral dialogue about a person’s accommodation needs, addressing the accommodation needs including alternatives to a requested accommodation, and the difficulties that potential accommodations may post for the employer. Once a final determination is reached after the cooperative dialogue process, an employer must provide the employee with a written final determination identifying any accommodation that was either granted or denied. Importantly, an employer cannot find that no reasonable accommodation is available without engaging in, or attempting to engage in, a cooperative dialogue.

Action Items

  1. Review the text of Int. No. 804-A here.
  2. Have policies and procedures reviewed and updated for compliance with this amendment by July 18, 2018 when the amendment becomes effective.
  3. Have managers and applicable personnel trained on the reasonable accommodation and cooperative dialogue process.

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.

© 2018 ManagEase

New York, NY: NYCHRL Updates Definitions of Sexual Orientation and Gender

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All Employers with 4+ New York, NY Employees

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May 11, 2018

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On January 11, 2018, New York City passed Int. No. 1186-A, which amends the New York City Human Rights Law (“NYCHRL”) to expand the definitions of “sexual orientation” and “gender.” “Sexual orientation” refers to heterosexuality, homosexuality, or bisexuality, and will also now include “an individual’s actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender.” Sexual orientation is a “continuum of sexual orientation” that will also include asexuality and pansexuality.

February Updates

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This Short List addresses the following topics:
  1. REMINDER: Post OSHA 300A Summary
  2. Civil Money Penalties for 2018 Increased
  3. Second Circuit: FLSA Claims are Subject to Arbitration
  4. California: Attorney General Emphasizes Intent to Prosecute Employers Who Help Immigration Sweeps
  5. Connecticut: Pregnancy Discrimination and Accommodation Posting Required
  6. Massachusetts:  Supreme Judicial Court Limits Wage Act Liability
  7. New York City, NY: Fair Workweek Deductions Law Put on Ice—For Now

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November Updates

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This Short List addresses the following topics:
  1. U.S. DOJ Reverses Obama-Era Stance on Transgender Workplace Protections
  2. IRS Releases 2017 Reporting Forms
  3. California: Bill Signed to Promote Fairness in Prop 65 Litigation
  4. New York: NYDOL Issues Emergency Regulation on In-Home Residential Care Worker Compensation
  5. New York City: City Issues Guidance on Salary Inquiry Prohibitions

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October Updates

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This Short List addresses the following topics:
  1. U.S Federal Contractor Updates
  2. Alabama: City of Birmingham Approves Nondiscrimination Ordinance
  3. California: Cal/OSHA Says Federal OSHA Reporting Requirements do not Apply to CA Employers
  4. Illinois: Amendments to the Illinois Human Rights Act Codify Religious Garb Protections
  5. Kentucky: Supreme Court Permits Wage and Hour Class Actions
  6. New York: 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods
  7. Texas: New Leave Protection for Foster Parents and Preference for Veterans in Employment
  8. Wisconsin: Court of Appeals Upholds “Right to Work” Law

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

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All Employers with NY Employees

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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.

September Updates

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This Short List addresses the following topics:
  1. The Recent Federal Overtime Exemption Rule is Diminishing
  2. NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
  3. EEOC Must Reconsider Wellness Regulations
  4. Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
  5. Arizona, Maryland, Wyoming:  Now Part of the E-Verify RIDE Program
  6. Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
  7. San Diego, CA:  Equal Pay Bill for City Contractors and Consultants
  8. Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
  9. Connecticut: Anti-Discrimination Protections Expanded for Veterans
  10. Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
  11. New Jersey:  Anti-Discrimination Protections for Military and Veterans Expanded
  12. New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
  13. Nevada: Pregnant Workers’ Fairness Act Poster Now Available
  14. North Carolina:  Fair Classification Act Emphasizes State Focus on Proper Employee Classification
  15. Texas: Hurricane Harvey Relief for Employees
  16. Washington:  New Biometric Information Protection law

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New York: Paid Family Leave Regulations Released

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All Employers of NY Employees

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January 1, 2018

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On July 19, 2017, the New York Workers’ Compensation Board adopted the final regulations for the state Paid Family Leave (“PFL”) issued by the Department of Financial Services on May 16, 2017.  The regulations stem from Governor Cuomo including the Paid Family Leave Benefits law in the 2016-2017 State Budget on March 31, 2016. The following are key points employers need to be aware of.

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

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All Employers with New York City, NY Employees

in Fast Food or Retail Industries

EFFECTIVE

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.

New York: Southern District of NY Allows Sexual Orientation Discrimination Claim to Proceed Under Title VII

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All Employers with NY Employees

EFFECTIVE

May 3, 2017

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On May 3, 2017, a federal court in the southern district of New York denied a motion to dismiss an ex-employee’s sexual orientation discrimination and retaliation claim under Title VII of the Civil Rights Act of 1964.  This decision is unusual in that it runs counter to long-running precedent established in the Second Circuit—governing Connecticut, New York, and Vermont—which previously stated that sex discrimination, including gender stereotyping, under Title VII does not include sexual orientation discrimination.

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