On October 1, 2018, New York State released final model sexual harassment materials and compliance guidance in response to comments received during its open comment period, discussed in more detail in a previous blog article. The new materials provide important guidance for future compliance and include new employer requirements, as detailed below.
Continue Reading New York State Publishes Updated Sexual Harassment Materials and Information

On September 30, 2018, California Governor Jerry Brown signed into law a bill that prohibits a provision in settlement agreements that prevents the disclosure of information pertaining to sexual harassment and sex discrimination. The law goes into effect on January 1, 2019, and serves as an extension of the already-existing law that prohibits provisions in settlement agreements that prevent the disclosure of acts that could be prosecuted as felony sex offenses and certain sex offenses against children.
Continue Reading New California Law Puts an End to Secret Sexual Harassment Settlements

On Thursday, August 23, 2018, New York State released draft model sexual harassment materials in preparation for October 9, 2018 employer compliance with its new sexual harassment laws, discussed in detail in a previous blog article.

New Materials:

New York State published the following draft materials on August 23, 2018:

All model materials are currently in draft form, pending a comment period set to end on September 12, 2018. Therefore, all model materials are subject to change prior to the October 9, 2018 effective date. Members of the public, as well as employers and employees, are encouraged to provide comments on the new materials via this link.
Continue Reading New York State Publishes Draft Model Sexual Harassment Materials

As previously reported in a prior article, in May 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”). The Act provides, among other things, starting September 6, 2018, all New York City employers must display the New York City Commission on Human Right’s (“NYCCHR”) new anti-sexual harassment poster in a conspicuous place in the workplace and provide the information to employees at the time of hire. On August 10, 2018, the NYCCHR published an English-language version of the required poster, which can be found here. While the Act also requires the poster to be displayed in Spanish, the NYCCHR has yet to issue a Spanish-language version of the poster.  
Continue Reading Upcoming Deadlines For New York City Employers: New York City Commission on Human Rights Publishes Poster and Fact Sheet on Sexual Harassment

Last October, we wrote about a Chicago ordinance requiring hotel employers to, among other things, equip hotel employees assigned to work in guestrooms or restrooms with portable emergency contact devices. The ordinance took effect July 1, 2018. Hotel employers in Chicago should ensure compliance with the mandates of the ordinance as penalties may reach $500 for each offense. Each day a violation continues is deemed a new offense.
Continue Reading Hands Off-Pants On Ordinance In Effect in Chicago; California May Be Next

On April 12, 2018, Governor Andrew Cuomo signed into law a 2019 New York budget implementing the provisions of S-7848A (the “Budget”). Beyond the obligations created by S-7848A, which we summarized in a previous post, the Budget also obligates New York employers to: (i) distribute a written sexual harassment policy; and (ii) perform annual sexual harassment training. The full impact of the Budget on employers is detailed below.
Continue Reading Update: New York State Passes Budget, Creates New Sexual Harassment Obligations For Employers

On Wednesday April 11, 2018, the New York City Council enacted a package of eleven bills, collectively titled the Stop Sexual Harassment in NYC Act (the “Act”). The Act awaits final signature from the Mayor. Introduced to the New York City Council just one month ago, the Act was likely inspired by the #metoo movement and includes five sections that will directly affect private employers in New York. These sections include:
Continue Reading New York City Council Enacts Package of Bills to Combat Sexual Harassment

On March 12, 2018, the New York State Senate passed S-7848A, a bill that, if enacted, would significantly change the legislative landscape for sexual harassment claims in the state. Most notably, S-7848A would: (i) prohibit mandatory arbitration agreements for sexual harassment complaints; (ii) ban confidential sexual harassment settlements unless the confidentiality provision is separately considered and consented to by the complainant; (iii) create a statutory definition of “sexual harassment”; and (iv) expand state-law protections against sexual harassment to independent contractors.
Continue Reading Bill Banning Confidential Settlements and Mandatory Arbitration for Sexual Harassment Claims Passes New York Senate