LEL Blog

We Need to Reframe Our Workplace Discussions of “Race”

December 19, 2023Harassment/Discrimination, HR Policies, Workplace Training

Whoopi Goldberg made headlines and ultimately apologized in 2022 over her strenuous assertion that the Holocaust was not about race. Over the past several months, I have heard anecdotal reports of Jewish employees, alarmed by rising rates of glob... Read More..

How to Avoid Height and Weight Discrimination

December 11, 2023Harassment/Discrimination, HR Policies, New York City Employers

New York City law now prohibits employers from discriminating against job applicants and employees based on their height and weight. New York City has thereby joined the state of Michigan and about a dozen other localities that similarly ban disc... Read More..

New Regulations Require Reconciling NYS and NYC Paid Sick and Safe Time Requirements

November 24, 2023HR Policies, Leaves and Accommodations, New York City Employers, New York Employers, Sick and Safe Leave

New York City employers need to navigate the intricacies of the city’s and state’s largely complementary but not entirely consistent paid sick and safe time requirements. Recent legal changes mean that employers that have not done so in the past... Read More..

Can an Employer Fire Me for My Speech Outside Work?

November 9, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies

Absolutely yes - depending on the circumstances. While we have grown up with the notion that free speech is sacrosanct in this country, the First Amendment actually only prohibits the government from restricting individuals’ speech. The restrictio... Read More..

How Harassment Complaints are Handled by NYS’s Division of Human Rights

November 9, 2023Harassment/Discrimination, New York Employers

Although intended to be less intimidating than a court proceeding, the process by which the New York State Division of Human Rights (the Division) handles complaints can be opaque and intimidating to many individuals, employers and other organizat... Read More..

Bias Against Jews Is a Form of Racism

November 9, 2023Federal Employment Developments, Harassment/Discrimination, HR Policies

What is antisemitism? Under our anti-harassment law construct, organizations are likely undertaking the wrong analysis if they simply consider it a form of religious harassment. Judaism is a religion. Employers cannot discriminate against emplo... Read More..

DHS Incentivizes Employers to Enroll in E-Verify Program

November 9, 2023COVID-19, Federal Employment Developments, HR Policies

The window has now closed for employers to catch-up on physically inspecting work authorization documentation for individuals who were hired during the pandemic. At the same time, regulations from the Department of Homeland Security (DHS) that to... Read More..

Workplace Investigations: Gain Clarity as to Meaning

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

“It’s bullying,” “I’m being harassed,” or “this is creating a hostile work environment.” As a workplace investigator these are phrases that I hear on a daily basis from complainants and their colleagues, and even sometimes from the respondents acc... Read More..