How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s Effective Date

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though the plaintiff's claims arose before the EFAA's enactment.

The Court found that pursuant to the continuing violation doctrine, a hostile work environment claim accrues each time a plaintiff continues to experience sexual harassment. More ›

What Does New York City's Expanded Anti-Discrimination Protection Mean for Employers?

On May 11, 2024, a new law went into effect, amending New York City Administrative Code §§ 8-109 and 8-502. The law prohibits provisions in agreements that shorten the timeframe an employee has to file a claim for unlawful discriminatory practices, harassment, or violence under the New York City Human Rights Law ("NYCHRL").  More ›

EEOC Publishes Final Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace harassment in virtual or online work environments, as well as harassment related to sexual orientation, gender identity, pregnancy, and religion. More ›

New York Expands Anti-Discrimination Laws for Nonresident Job Seekers

On March 14, 2024, the New York Court of Appeals held that nonresident prospective employees who seek employment opportunities in New York State or New York City and are denied due to discriminatory conduct are eligible to assert claims under the New York State Human Rights Law ("NYSHRL") and New York City Human Rights Law ("NYCHRL"). More ›

The 12 Days of California Labor and Employment Series – Day 5 "Off Duty Marijuana Use by Employees is Basically Off Limits for Employers"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the fifth day of the holidays, my labor and employment attorney gave to me five golden rings and SB 700. More ›

Governor Hochul Signs a Series of Bills Amending New York Labor and Employment Law

New York Governor Kathy Hochul signed a bill last month that amended the New York State's Human Rights Law to state that interns are protected from unlawful discrimination based on gender identity or expression. Since 2014, the New York State Human Rights Law has protected interns from unlawful discrimination based on their protected class status. In 2019, gender identity or expression was added as a protected class throughout the Human Rights Law, except in the intern provision. The newly enacted law appears purposed to correct an unintended oversight and to underscore that gender identity or expression is a protected class for interns. More ›

New York City Prohibits Discrimination Based on Height or Weight

Earlier this year, Mayor Eric Adams signed a bill amending the New York City Human Rights Law, prohibiting discrimination on the basis of an individual's height or weight. Set to go into effect on November 22, 2023, the bill does permit an employer to consider height or weight under the following limited situations: More ›

The 12 days of California Labor & Employment Series – Day 5: Harassment and Discrimination Allegations - No More Shush

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and SB 331. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 2: Longer Time to File With the DLSE Is Another Unwanted Gift for Employers

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment attorney gave to me: two turtle doves and AB 1947.

This bill was likely created and signed in part due to COVID-19, as it extends some deadlines. With all the craziness 2020 has brought—including work from home, court closures, court delays, and the like—it comes as no a surprise to see deadlines being extended, too. More ›

Title VII Enforcement Powers Against Employers Clarified by EEOC Opinion Letter

On Thursday, September 3, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued an Opinion Letter shedding light on the agency's own ability to sue employers under Section 707(a) of Title VII of the Civil Rights Act. The letter clarifies two notable areas for employers. First, the EEOC does not have broad authority to file a civil lawsuit against an employer under Title VII without a finding of discrimination or retaliation. Second, the EEOC must follow procedural guidelines—investigate a charge of discrimination, find reasonable cause, attempt to remedy such practice by conciliation—before a civil lawsuit may be filed. More ›