To embed, copy and paste the code into your website or blog:
On February 11, 2021, the New York Court of Appeals issued an opinion holding that employees, company agents, directors, officers and shareholders are not “employers” and, therefore, are not vicariously liable for discrimination claims under the New York City Human Rights Law (NYCHRL) based on their title or ownership interest in an entity. This decision is a welcome relief to businesses that over the past decade have been incentivized to resolve NYCHRL cases in order to avoid the chance, however unlikely, that individual owners, managers and executives could face serious and substantial personal liability resulting from hiring one rogue employee.
A narrow reading of the word “employer” by New York’s top court shielded the billionaire media magnate from vicarious liability for a lawsuit brought by a woman who says another Bloomberg employee raped her in 2013.
Former New York City Mayor Mike Bloomberg speaks during a presidential campaign event in Salt Lake City in February 2020. (AP Photo/Rick Bowmer)
ALBANY, N.Y. (CN) Citing Michael Bloomberg’s lack of personal participation in alleged workplace sexual harassment at his namesake company, New York’s highest court on Thursday affirmed a dismissal that keeps the billionaire off the hook for the claims of a fired Bloomberg LP employee who says a supervisor drugged and raped her.
New York's top state court on Thursday said Bloomberg LP founder and former New York City Mayor Michael Bloomberg cannot be held liable for the alleged sexual harassment and assault of a temporary worker by a marketing manager at the company.
Friday, January 29, 2021
On January 10, 2021, amendments to the New York City Fair Chance Act (“FCA”) – New York City’s “ban-the-box” law – were passed into law. The amended FCA will significantly expand employment protections for applicants and employees with criminal backgrounds, including convictions, charges, and arrests. The FCA amendments will go into effect in July 2021.
Current Requirements
The New York City FCA initially took effect on October 27, 2015 as an amendment to the New York City Human Rights Law (NYCHRL). The FCA incorporated existing New York State criminal background provisions, including Article 23-A of the New York Correction Law, into New York City law. The FCA currently prohibits employers from inquiring about an applicant’s conviction history until after the employer extends a conditional offer of employment.
Friday, January 8, 2021
The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history. The law will go into effect on or about July 28, 2021. We highlight the changes in the law and action items below.
First, a Quick Refresher on the Current NYC Fair Chance Act
The Fair Chance Act prohibits employers from
inquiring about an applicant’s pending and past arrests and convictions until
after the employer extends to the applicant a conditional offer of employment. After extending that offer, the Act permits inquiry (except with respect to certain types of arrests and convictions), but requires an employer to undertake the Fair Chance Process should it wish to rescind the offer based on the applicant’s past arrest or conviction history.