Law Blog

Final Version of New York’s New Sexual Harassment Policy Now in Effect

metoo

The New York State Division of Human Rights (“NYSDHR”) released the final version of the new sexual harassment policy, along with training guidelines, on October 1, 2018 and the new, updated policy took effect on October 9, 2018. The final policy contains some changes from the earlier proposed version, most notable however, is that employers now have until October 9, 2019, to provide employees with the mandated training in accordance with the new policy. Other changes include removal of the “zero tolerance policy” language as it conflicted with federal guidelines on sexual harassment policies and removal of the requirement that new hires receive sexual harassment training within thirty days in favor of encouraging employers to complete new hire training “as soon as possible.” Additional changes to the policy from the proposed policy and required training are listed below:

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555 Hits

New York’s Stop Sexual Harassment Law

NY

Once again, New York has taken the lead on legal issues in the workplace and is doing what it can to discourage sexual harassment on the job.

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580 Hits

Sexual Harassment Laws Expanded

MeToo

In the wake of the #MeToo movement, the New York State Legislature and New York City Council have enacted broad expansions to the laws regarding sexual harassment in the workplace. As these laws take effect, it is important to note how your legal rights may have changed. Below is an overview of many of the significant changes that are, or will be, taking effect:

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966 Hits

State and Federal Governments Respond to Sexual Harassment Claims

metoo

Within the last six years, at least 1,000 New York State government employees have made sexual harassment complaints regarding incidents in the workplace. According to a recent Politico report, New York State taxpayers have paid at least $6.4 million for settlements connected to these complaints since 2012. This amount is comprised of 54 cases settled for a combined $5,552,880. This also includes 18 out-of- court settlements; a $60,939 judgment by the State’s Division of Human Rights; and a $103,080 payment in 2012 for misconduct by former Assemblyman Vito Lopez. The agencies with the most complaints include the Department of Corrections and Community Supervision, the Office of Mental Health, and the Office of Children and Family Services. In Governor Cuomo’s State of the State, he discussed legislation that would “prevent taxpayer funds from being used for settlements against individuals relating to sexual assault and harassment.”

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740 Hits

The End of Forced Arbitration in Sexual Harassment Claims Draws Near

justice

Recent media coverage related to sexual harassment and inappropriate behavior in the workplace has lawmakers paying attention. Now, there are efforts underway to put an end to employers forcing employees to arbitrate matters related to sexual harassment out of court.

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1023 Hits

Victim of Workplace Sexual Harassment? Don’t Quit Your Job!

Being harassed on the job is one of the worst things that can happen as an employee. When that harassment is sexual in nature, it can feel even worse. Your first instinct might be to give your notice and run in the other direction - completely understandable because nobody wants to feel victimized when they are trying to do their job.

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5910 Hits

Five Things You Need to Know If It’s Your First Time in the Workforce

The start of your first job is one of the most exciting times in your life, but it can also be intimidating. It doesn’t matter what you’ve done to prepare or how qualified you are for the job, there’s still a lot that can go wrong.

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888 Hits

What’s the Difference between Harassment and Workplace Violence?

Problems in the workplace come in all shapes and sizes. Unfortunately, there are times when workplace issues are so severe they are illegal. This is the case with violent actions and certain types of harassment. If you are being touched in the workplace – violently or sexually – or you are being discriminated against based on your status in a protected class, you have a right to take legal action.

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4838 Hits

Three Tips to Help You Deal with Sexual Harassment

Sexual harassment can be one of the most devastating experiences to have in the workplace. In addition to making it difficult to perform your job duties, you also might feel as if your personal safety is under attack.

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1166 Hits

What Employees Need to Know about Holiday Celebrations at Work

It’s that time of year when people take a step back from their usual routine and focus on celebrating the holidays and the end of the year. In many companies, this means the annual holiday party. Whether your employer plans a festive and extravagant celebration in the spirit of the season or there is nothing more than a quiet lunch catered into the office in observance of the holidays, it’s important to understand what’s appropriate and inappropriate at these events.

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1591 Hits

What Options Do You Have If You are Sexually Harassed on the Job?

Sexual harassment in the workplace is illegal. It is a type of sex discrimination in violation of Title VII of the Civil Rights Act of 1964. It is not something any employee should be forced to accept or tolerate, nor is it a “part of the job” or “the price of getting ahead.”

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1651 Hits

Dealing with Sexual Harassment No Matter Your Role

Sexual harassment issues at work can be some of the most difficult and challenging to deal with. In addition to facing a work environment that makes you uncomfortable – and in some cases downright frightened - you also need to worry about your professional reputation. Sadly and all too often, victims of sexual harassment are the ones that suffer long-term consequences. Unfortunately, the consequences can be just as negative if you are falsely accused of harassment.

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2157 Hits

Three Tips for Proving Your Sexual Harassment Claim

Sexual harassment occurs more frequently than employers like to admit, but it is one of the most difficult accusations for an employee to prove. In many instances of sexual harassment, there are only two people present when the event occurs. This means cases are often an issue of “he said she said,” which puts both parties in a difficult situation.

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2469 Hits

Dealing with Sexual Harassment in a Small Business

Working for a small company has its advantages – things are sometimes more laid back, you feel like a person instead of just a number, and you often form close personal bonds with your co-workers. Unfortunately, there are also drawbacks to working for a small company. In addition to the reduced benefits and lack of opportunity you might encounter, small business culture can be very different from that of a large corporation.

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2308 Hits

How Can I Prove Sexual Harassment in the Workplace?

Sexual harassment is one of the most difficult charges to prove. In many cases, events occur when only two people – the victim and the harasser – are present and it ends up being a case of your word against theirs. Despite the challenge you face when it comes to proving the harassment, it is still important you take action, especially when the harassment occurs in the workplace. Otherwise, the situation can escalate to where you feel unsafe or the harasser can target co-workers.

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4632 Hits

New Rights for Unpaid Interns in NY

In 2013, it was held that an unpaid intern working in New York City did not have a right to sue for sexual harassment because she was not an “employee” under the City’s Human Rights Law. Since the classification of “employee” did not apply to unpaid interns, such interns also did not have standing to sue in New York City administrative agencies. The effect of this narrowed classification eliminated unpaid interns from having standing to sue for sexual harassment or unlawful discrimination.

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2660 Hits

Dealing with Sexual Harassment in a Small Business

Working for a small company has its advantages – things are sometimes more laid back, you feel like a person instead of just a number, and you often form close personal bonds with your co-workers. Unfortunately, there are also drawbacks to working for a small company. In addition to the reduced benefits and lack of opportunity you might encounter, small business culture can be very different from that of a large corporation.

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2712 Hits

Plaintiff’s Claim for Hostile Work Environment Survives Summary Judgment

Many times in the workplace, there is a fine line for conduct that is unfair versus conduct that is unlawful. Creating a hostile work environment is prohibited under a number of Federal discrimination laws such as Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967 and Americans Disabilities Act of 1990. Most states and municipalities also have equivalent laws which may provide for even better protection from a hostile work environment, such as New York which has the New York State and New York City Human Rights Law that govern these types of claims and provide even greater protection for employees.

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4787 Hits

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