On February 13, 2015, the U.S. Court of Appeals for the Second Circuit reiterated that courts must analyze claims under the New York City Human Rights Law (“NYCHRL”) “separately and independently from any [related] federal and state law claims.”
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Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer
On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that statements concerning an employee’s “fit” for a position could give rise to an inference of discrimination.
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New Jersey Looks to Limit Use of Criminal History in Hiring Decisions
On Monday, December 16th, the New Jersey Assembly Labor Committee advanced the Opportunity to Compete Act, a new bill that would prohibit New Jersey employers from inquiring about criminal history on a job application or conducting a criminal background check before a conditional offer of employment is made.
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Proposed New York Law Would Extend State Anti-Discrimination Protections to Unpaid Interns
A new bill introduced in the New York State Senate would extend many of the protections of the New York State Human Rights Law (NYSHRL) to unpaid interns. Among other things, the bill would make it illegal for employers to “refuse to hire, employ or to discriminate against an intern” based on any of the characteristics protected by the NYSHRL or to “engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to an intern.”
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New Jersey Employers May Not “Like” State’s New Social Media “Privacy Settings”
On August 29, 2013, New Jersey Governor Chris Christie signed into law a new measure prohibiting employers from requiring employees or job applicants to provide login information or allow employer access to their accounts on social media sites such as Facebook, Twitter, and YouTube. While, under the law, employers may still view any publicly available information, they may not compel employees to disclose account passwords or “friend” company personnel.
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New Jersey Supreme Court Expands State Law Retaliation Claims
On July 17, 2013, the Supreme Court of New Jersey expanded the state’s already broad Law Against Discrimination (LAD), holding that an employee’s complaints about inappropriate workplace conduct need not identify any specific victim of discrimination or harassment to constitute protected activity. Rather, the court held, complaints about derogatory comments concerning a protected class can support a claim for retaliation under the LAD, regardless of whether those comments were made to or heard by members of the protected class.
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