At long last, on June 8, 2021, the New York State Department of Health (“DOH”) released an update to Interim Guidance previously issued on May 15, 2021, containing current.
DaVita Healthcare Sued for Pregnancy Discrimination, Particularly During COVID-19
May 13, 2021
On Wednesday, a mother of two filed a complaint against DaVita Healthcare Partners Inc. and DaVita, Inc. (collectively, DaVita) in the Southern District of New York, alleging that DaVita discriminated against the plaintiff “on the basis of gender, pregnancy status and caregiver status,” in which the plaintiff’s pregnancy and status as a mother allegedly led “to pretextual disciplinary action and her eventual termination.”
The plaintiff claimed that she has exhausted her administrative remedies by timely filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission with claims under Title VII and the Pregnancy Discrimination Act.
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New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana recreationally and restrict employers from denying these employees’ employment rights and privileges based solely on marijuana use, it begs the question: What actions may an employer take to ensure a drug-free workplace?
The short answer:
Employee Protections for Recreational User in New York
The Marijuana Regulation and Taxation Act (MRTA) makes it unlawful for any employer to refuse to hire, employ, discharge or otherwise take an adverse employment action against an individual or job applicant because of his/her legal use of cannabis. Legal use must occur prior to the beginning or after the conclusion of an employee’s work hours or during legal recreational activities and must be off the employer’
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On March 31, 2021, Governor Cuomo signed into law the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which provides a framework for the state-sanctioned sale and use of cannabis for adult-use purposes (commonly referred to as “recreational use”). Included in the Act are provisions that provide employment protections for cannabis users. These provisions are effective now. Accordingly, employers should be aware of the Act’s new requirements to ensure compliance. New York joins several other states that have authorized adult use cannabis.
The Act is complex, and calls for various government actions, including creating a new office of cannabis management to oversee the cultivation, distribution and selling of adult-use cannabis in the Empire State, and further amends the state tax law to address the eventual adult-use cannabis market. Although New Yorkers cannot yet legally purchase cannabis becaus
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New York, N.Y. (April 5, 2021) - The New York
City Human Rights Law (NYCHRL) is considered to be one of the most
progressive discrimination laws in the nation. Earlier this year,
the New York City Council passed a bill which expands the scope of
the New York City Fair Chance Act (FCA), more commonly known as the ban-the-box law. The FCA prohibits most New York City
employers from inquiring about an applicant s criminal history
until after the employer extends a conditional offer of employment.