Posts

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

APPLIES TO

All Employers with NY Employees

EFFECTIVE

February 24, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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

APPLIES TO

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

EFFECTIVE

May 20, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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

Vermont: Adds “Crime Victims” to Protected Classes, New Unpaid Leave

APPLIES TO

All Employers with VT Employees

EFFECTIVE

July 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Effective July 1, 2018, HB 711 adds “crime victims” to the Vermont Fair Employment Practices Act’s list of protected classes.  This addition prohibits retaliation and discrimination against crime victims, and also requires employers to provide an unpaid leave of absence to employees who need to attend legal proceedings related to this class.

“Crime victim” refers to individuals who are victims of domestic relations abuse, stalking, sexual assault, or abuse of a vulnerable adult under specified Vermont statutes.  The definition also includes the crime victim’s child, foster child, parent, spouse, stepchild or ward who lives with the victim, or parent of the victim’s spouse, provided these individuals are not identified as a defendant.

Employers must permit such crime victims unpaid leave to allow the employee to attend:

  • A deposition or other court proceeding related to a criminal proceeding where the employee is a victim, and has a right or obligation to appear;
  • A relief from abuse hearing when the employee seeks relief as the plaintiff;
  • A hearing concerning an order against stalking or sexual assault when the employee seeks relief as the plaintiff; or
  • A hearing seeking relief from abuse, neglect, or exploitation when the employee seeks relief as the plaintiff.

Employees may use accrued benefit time (such as vacation, paid time off, or sick leave) in lieu of part or all unpaid leave.  Employers are also required to maintain the same level of benefits coverage for the employee for the duration of the leave.  Upon return from leave, the employee must maintain the same job with the same level of compensation, benefits, and other terms and conditions of employment, with few exceptions.

Action Items

  1. Have handbook and policy documents revised to address the new protected category and unpaid crime victims leave.
  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.

© 2018 ManagEase

July Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. California: Janitorial Employers Must Register with Labor Commissioner
  2. New Hampshire Adds Gender Identity as a Protected Category
  3. North Carolina Increases Hiring Opportunities for Individuals with a Criminal History
  4. Texas: 5th Circuit Requires Employer Signature on Mutual Arbitration Agreements
  5. Vermont Issues New Guidance on Marijuana in the Workplace
  6. Washington, D.C. Approves Increased Minimum Wage for Tipped Workers
  7. Washington Governor Fights SCOTUS Arbitration Class Action Waiver Ruling

Read more

Seventh Circuit: ADEA Applies to Employees and Job Applicants

APPLIES TO

All Employers with IL, IN, and WI Employees

EFFECTIVE

April 26, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In a split from an Eleventh Circuit ruling last year, the Seventh Circuit Court of Appeals recently stated that the Age Discrimination in Employment Act of 1967 (“ADEA”) provides protections not only to current employees aged 40 or older, but to similarly situated job applicants as well.

California: FEHA Amendments Expand Protections Related to “National Origin”

APPLIES TO

All Employers with CA Employees

EFFECTIVE

July 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Office of Administrative Law recently approved amendments to the Fair Employment and Housing Act (FEHA), which include, in part, changes to the state’s anti-harassment, discrimination, and retaliation requirements related to the national origin of employees and job applicants, regardless of documented status.  These amendments go into effect July 1, 2018.

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

APPLIES TO

All Employers with 4+ New York, NY Employees

EFFECTIVE

May 11, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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.

Seventh Circuit is the First Federal Court of Appeals to Recognize Sexual Orientation as a Federally Protected Class

APPLIES TO

All Employers with IL, IN, and WI Employees

EFFECTIVE

April 4, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

discriminationIn Hively v. Ivy Tech Community College, hearing the case en banc, the Seventh Circuit became the first federal court of appeals to determine that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.  The court stated that “it is impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”

This landmark decision effectively prohibits discrimination and retaliation against applicants and employees on the basis of sexual orientation under federal law.