The changes include eliminating size requirements for employers to be covered by Human Rights Law. It also broadens the application of hostile work environment to various forms of discrimination, such as based on race, gender, ethnicity, disability, age, etc., rather than only sexual harassment. Moreover, the legislature has eliminated the pervasiveness requirement as it relates to hostile work environment. Another significant change is eliminating the requirement that the employer have knowledge that the employee had been subjected to discrimination in order for liability to exist. Additionally, the legislature’s changes now make punitive damages available. It is critical to note that the significance of these changes cannot overstated.

Although the changes have not yet been signed into law by Governor Cuomo, the Governor has promised the laws will be signed immediately. Significantly, there are many other changes which will drastically effect the how New York State Human Rights cases are litigated moving forward. Employees and employers alike will be greatly impacted by these changes. If you have questions or concerns regarding these changes, or require legal counsel, call Gilbert Law Group today at (631) 630-0100.

The post Changes in New York State Human Rights Law appeared first on Gilbert Law Group.

In January 2015, the Equal Employment Opportunity Commission created a Select Task Force on the Study of Harassment in the Workplace (“Select Task Force”). This Select Task Force spent  18 months examining the myriad and complex issues associated with harassment in the workplace. In June 2016, the Select Task Force  published its findings. The report calls for employers to “reboot” workplace harassment prevention methods. The report also outlines statistics, risks and administrative recommendations.

The study encourages employers to assess their workplaces for the risks associated with harassment, survey employees. Further, the report urges employers to hold accountable managers and supervisors for preventing and reacting to grievances while also actively promoting diversity.

Interestingly, the report also states that employers should be wary of “zero tolerance” anti-harassment policies that are used as a one-size fits all model. Rather, any discipline that might result from such policy violations should be proportionate to the offense.

Additionally, the report finds that employers should also consider including a social media policy that ties into their anti-harassment policies.  The downside to this however is that the National Labor Relations Board has released guidelines on drafting and updating social media policies. Some cases have held that such a policy may violate an employee’s right to engage in protected concerted activity.

In conclusion, the findings state that the name of the game is truly harassment prevention. This may prove challenging as labor and employment laws are not logical and often do not follow common sense. To this end, seeking experienced legal counsel is critical.

Should you have questions, or wish to seek counsel, call Gilbert Law Group today at (631)630-0100.

The post EEOC: Employers, be Proactive vs. Workplace Harassment appeared first on Gilbert Law Group.