by Stephen D. Hans | Apr 23, 2024 | Disability Discrimination, Discrimination for Sexual and Reproductive Health Decisions, Employment Discrimination, Employment Discrimination Based on Immigration, National Origin Anti-Discrimination Practices
Workers Now Have Three Years to Seek Redress after Workplace Discrimination In any legal matter, when you look to the courts for a remedy, you must comply with the statute of limitations, which identifies the length of time within which you must file your complaint with the court. If you fail to take action within that prescribed period, the chances are strong that you’ll be prohibited from any type of recovery. There are compelling reasons for this rule: It ensures that any dispute is resolved while memories remain fresh It minimizes the risk that evidence will be lost or that witnesses will die or disappear It ensures that a potential defendant won’t have the threat of legal action hanging over his or her head indefinitely In the state of New York, until earlier this year, the statute of limitations for a claim of unlawful discrimination in the workplace was one year. Effective February 15, 2024, that period has been extended to three years, similar to the statute of limitations for sexual harassment claims. What Types of Discrimination Are Illegal in New York? As an employer in New York, you may not discriminate against a worker or employee based on any of the following factors: Race, color or creed Gender, gender identity or sexual orientation National origin, alienage or citizenship status Age or perceived age Disability Marital or partnership status Pregnancy, childbearing or caregiver status Arrest or conviction record How Is an Unlawful Discrimination Claim Filed in New York? An employee may opt for one of three methods for initiating a wrongful discrimination claim: The New York Division of Human...
by Stephen D. Hans | Jul 12, 2019 | Discrimination for Sexual and Reproductive Health Decisions
What Does This New Protected Class Mean for NYC Employers? New York City passed legislation that bans discrimination for sexual and reproductive health decisions. While New York City has some of the United States’ most expansive human rights laws, this law gave specific rights, creating new protected class regarding “sexual and reproductive health decisions.” The law went into effect in New York City on May 20, 2019. This new protected class joined the already existing anti-discrimination protected classes of New York City Human Rights Law. Protected classes include age, race, creed, color, national origin, gender, disability, marital status, partnership status, caregiver status, gender identity or expression, sexual orientation and alienage or citizenship status. What Does the New Protected Category Mean in Everyday Language? It means that employers are subject to discrimination litigation if they make decisions in hiring, promoting or firing employees based on this new class. Examples would be deciding to fire an employee because she got an abortion, or deciding not to hire an employee based on the employee’s decision whether to use or not use birth control. According to an article in The National Law Review, the following are examples of services related to sexual and reproductive health decisions: Fertility-related medical procedures Sexually transmitted disease prevention, testing and treatment Family planning services and counseling Use of birth control drugs and supplies Emergency contraception Sterilization procedures Pregnancy testing Abortion What Actions Should Employers Take? As an employer, you should revise your handbooks and employment policies by adding the protected category of “sexual and reproductive health decisions.” You should also train your managers, employees and any HR personnel...
