NY Harassment Training Deadline Extended!

Mark Blondman

As we have advised you in previous blog posts, New York State has passed legislation mandating that employers adopt an anti-harassment policy and conduct harassment training for all employees. The law requires that, by October 9, 2018, employers distribute to employees in New York State a written policy that meets certain prescribed legal standards.

Earlier this week, New York State issued a final set of employer guidance materials on sexual harassment prevention, including model training materials and Minimum Standards for Sexual Harassment Prevention Policies, a Model Sexual Harassment Prevention Policy, and a Model Complaint Form. Employers are permitted to implement the Model Policy or may develop policies on their own as long as they meet minimum legal requirements.

Most importantly, although the New York law had originally required that employers conduct harassment training for all employees by January 1, 2019, the guidance issued this week extends the deadline to October 9, 2019. Please use this additional time effectively!

Too Fat to Work Here?—Not So Fast

Scott F. Cooper

A decision this week from the Ninth Circuit Court of Appeals has further fueled the debate over whether obesity is a protected impairment under federal and state law.

In Casey Taylor et al. v. Burlington Northern Railroad Holdings Inc. et al., Case No. 16-35205 (9th Cir. Sept. 17, 2018), Burlington rejected Taylor’s application to become an electronic technician because his Body Mass Index (“BMI”) placed him in the “severely” or “morbidly” obese category. Complicating this case is that the company’s chief medical officer otherwise found Taylor qualified for the position. The company also was willing to reconsider the application if Taylor undertook additional pre-hire medical screening at his own expense. The Ninth Circuit earlier this year held that shifting pre-hire medical examination costs to an applicant is unlawful.

The Ninth Circuit certified the issue and sent it to the Supreme Court of Washington to determine its application under Washington state law. Pending that ruling, the Ninth Circuit will then resolve the issue under the federal Americans with Disabilities Act (“ADA”). How these decisions come out could have sweeping implications for employers who have acted against obese job applicants and employees. Continue reading “Too Fat to Work Here?—Not So Fast”

Update on the New York State Anti-Harassment Law—Guidance Issued, but It’s Not Final

Anna Svensson

As discussed in our prior blog post, New York State passed anti-sexual harassment legislation earlier this year, which, in part, requires that New York employers adopt a sexual harassment policy and conduct training. On August 23, 2018, the Office of Governor Andrew M. Cuomo released the following draft documents relating to these requirements: Continue reading “Update on the New York State Anti-Harassment Law—Guidance Issued, but It’s Not Final”

Poster and Notice Requirements for “Stop Sexual Harassment in NYC Act”

Anna Svensson

Recently, the New York City Commission on Human Rights (the “Commission”) released the Fact Sheet and Notice referenced in the Stop Sexual Harassment in NYC Act (the “Act”).

The Act, which was signed into law on May 9, 2018, requires New York City-based employers with at least 15 employees (whether or not all of the employees work in the City) to implement over the course of the next year significant mandates aimed at addressing sexual harassment in the workplace, including posting and fact sheet distribution requirements. The Commission has now followed through with the officially sanctioned notice and poster. Continue reading “Poster and Notice Requirements for “Stop Sexual Harassment in NYC Act””

What #MeToo Means for the Maritime Sector

Susan L. Bickley, Emery Gullickson Richards, and Jeanne M. Grasso

The #MeToo movement has shone new light on issues for employers in the maritime industry seeking to ensure that seafarers and shore-based personnel can participate in a work environment free of sexual harassment and assault, both shipboard and shoreside. Employees at sea, often for months at a time, can face special challenges associated with a work environment that can be thousands of miles away from any home office, and that can lead to feelings of isolation, make communications difficult, involve close proximity between work spaces and living quarters and generally require employees to remain at the workplace during rest periods.

In other sectors of the global maritime industry, companies engaged in international business can find themselves navigating scenarios that arise from expectations regarding workplace interactions between men and women that are as diverse as their workforces. We examine here the unique legal framework that applies to sexual harassment in the maritime context, what to keep in mind for addressing incidents and recent trends regarding steps employers are currently taking in response. Continue reading “What #MeToo Means for the Maritime Sector”

New York Says “#MeToo” as It Enacts Strict Anti-Harassment Measures

Anna Svensson

On April 12, New York Governor Andrew Cuomo signed into law a budget bill that includes significant changes in the obligations of New York employers related to sexual harassment (the “Anti-Harassment Law”). According to the Governor, the Anti-Harassment Law provides the “strongest and most comprehensive anti-sexual harassment protections in the nation,” as part of a hefty $168 billion budget deal for the 2019 fiscal year (which started April 1, 2018). The Anti-Harassment Law is consistent with a recent push by states and localities to expand employee protections against unlawful harassment in response to the #MeToo movement.

The Anti-Harassment Law includes both immediate and ongoing implications. Here are some of the highlights: Continue reading “New York Says “#MeToo” as It Enacts Strict Anti-Harassment Measures”

New York #MeToo Initiatives—It’s No Longer Just an HR Issue

Stephen E. Tisman and Rither Alabre

Propelled by the Harvey Weinstein scandal and the “#MeToo” movement, New York government officials have taken new steps to protect victims of sexual misconduct in the workplace.

  • The New York County District Attorney’s Office has created a special “Work-Related Sexual Violence Team” of prosecutors to investigate reports of work-related sexual violence.
  • The New York Attorney General filed suit, in response to the announcement of the proposed sale of the Weinstein Company, for civil penalties and an order of “restitution” to victims.

These actions make clear that new layers of scrutiny are being imposed to examine how employers handle sexual harassment claims. Importantly, companies and individuals faced with such claims will confront new areas of exposure—outside of traditional human resources procedures and concerns—which must be analyzed and addressed. Continue reading “New York #MeToo Initiatives—It’s No Longer Just an HR Issue”