Harassment/Discrimination

Supreme Court Decision Suggests that LGBTQ+ Employees Have Lesser Protections than Others

August 22, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies

In workplace training programs, I will at times encourage participants to consider the case study – or a situation they are personally confronting – through a different perspective. You may not be too bothered by a situation in which a woman is t... Read More..

EEOC Guidance Provides Pathways and Considerations for Accommodating the Hearing Disabled

July 27, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies, Leaves and Accommodations

I currently stand on a precipice, as the waning days of Disability Pride Month this July also represent a final countdown to when a cochlear implant surgery will make me a bionic woman. It appeared an opportune time to review the recent updates t... Read More..

Similar Standards Now Apply When Considering Accommodation Requests for Religion or Disability

July 25, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies, Leaves and Accommodations

Employers need to consider employees’ requests for religious accommodations from a much more supportive perspective as a result of a recent decision from the U.S. Supreme Court. In Groff v. DeJoy (June 29, 2023) the Court held that that ... Read More..

NYS Adds New Section, Range of New Provisions to Its Model Sexual Harassment Prevention Policy

April 20, 2023Harassment/Discrimination, HR Policies, New York City Employers, New York Employers

An updated model sexual harassment prevention policy issued by New York State offers improvements and detractions relative to the original 2018 version, adds new information, and incorporates more recent changes in the law. Among the greatest imp... Read More..

Workplace Breastfeeding Laws Offer General Consistency with Local Nuance

February 14, 2023Connecticut Employers, Employee Relations, Employer Notice Requirements, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Tri-State Employers, Wage and Hour Laws

Breastfeeding protections have gone mainstream. Through the magic of a budget spending bill, nursing employees in workplaces throughout the country now have legal protections that will afford them break time and access to spaces outside of toilet... Read More..

Reconsider Job Requirements to Diversify Your Talent Pool

January 26, 2023Connecticut Employers, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers

Following established techniques and methodologies can achieve efficiencies, assure consistency and produce positive outcomes. But sometimes we need to challenge our historic approach, analyze the rationale behind certain standards and methodolog... Read More..

Workplace Investigations: What Is “Bullying”?

September 7, 2023Connecticut Employers, Employee Relations, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Workplace Investigations

There is a slippery slope between what may be considered sub-optimal or bad management practices, “bullying,” and “harassment.” When behaviors prompt an employee complaint, workplace investigators need to evaluate where a supervisor’s conduct fal... Read More..

Contractor Agreements Subject to Federal/State Law Prohibitions on Confidentiality and Nondisparagement

January 9, 2023Connecticut Employers, Employer Notice Requirements, Harassment/Discrimination, New Jersey Employers, New York Employers

In yet another example of laws blurring the distinction between employees and independent contractors, organizations need to beware that the prohibitions on confidentiality and nondisparagement agreements embodied in the federal Speak Out Act and ... Read More..

Hiring Nationally? Multi-State Employers Must Carefully Navigate Varying Legal Restrictions on Confidentiality and Nondisparagement Clauses

January 5, 2023Connecticut Employers, Employer Notice Requirements, Harassment/Discrimination, New Jersey Employers, New York City Employers, New York Employers

Viewed as a stumbling block or more nefariously in relation to the reporting and investigation of #MeToo complaints, state legislatures across the country have been limiting or outright prohibiting employers from subjecting employees to confidenti... Read More..