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Lindsay Colvin Stone is a partner in the Labor and Employment Practice Group in the firm's New York office.

On April 17, 2024, the U.S. Supreme Court resolved a decades-old circuit split regarding what amount of harm a plaintiff must demonstrate to bring an employment discrimination claim under Title VII of the Civil Rights Act (“Title VII”). In Muldrow v. City of St. Louis, a unified Court ruled that a plaintiff need only show “some”—and not “significant”—harm from an employment decision to plead and prove employment discrimination under Title VII. Before Muldrow, a number of appellate courts dismissed transfer-based Title VII claims unless the plaintiff could show that the transfer resulted in “significant” harm. The Supreme Court rejected that standard in Muldrow, holding that a plaintiff need only show that the transfer resulted in “some harm” with respect to an identifiable term or condition of employment. The Supreme Court’s new standard raises fresh considerations for employers making transfer decisions, and may have broader implications beyond the transfer context.Continue Reading Supreme Court Eases Burden for Title VII Plaintiffs Challenging Transfer Decisions

Beginning on March 12, 2024, a new social media privacy law for employees and job applicants goes into effect in New York. The new law will amend the New York Labor Law (the “NYLL”) to restrict most employers from accessing the personal social media accounts of employees and job applicants. The new restrictions were approved when Governor Kathy Hochul signed into law two bills, Assembly Bill 836 (A836) and Senate Bill 2518A (S2518A), on September 14, 2023.Continue Reading Safe for Work? New Social Media Privacy Law Affecting New York Employers Goes into Effect on March 12

On August 4, 2023, the New York legislature introduced Senate Bill 07623 (“S07623”), which would dramatically restrict employers’ ability to use both electronic monitoring and automated employment decision-making technology in the state. As currently written, S07623 would apply to all New York employers regardless of size, including an employer’s labor contractors. While S07623 is currently being reviewed by the Rules Committee and still must work its way through the legislative process, it is expected to pass in some form. Because S07623 would create significant new obligations and restrictions for New York employers, they should take note of its requirements and track its progress.Continue Reading Rage Against the Machine: New York Bill Would Dramatically Limit Employers’ Ability to Use Electronic Monitoring and Automated Employment Decision Tools

On June 29, 2023, the U.S. Supreme Court issued a rare unanimous ruling in Groff v. DeJoy, and set a higher standard for employers to meet when denying religious accommodations under Title VII of the Civil Rights Act of 1964 (“Title VII”). Prior to Groff, employers were free to deny a religious accommodation where it imposed “more than a de minimis cost” on the employer’s business. Following Groff, however, employers must now show that the burden of granting a religious accommodation “would result in substantial increased costs in relation to the conduct of its particular business.” This case has implications for all employers evaluating employee requests for religious accommodations, and should be carefully considered when granting or denying such requests.Continue Reading Supreme Court Raises the Bar for Title VII Religious Accommodations

On April 6, 2023, the New York City Department of Consumer and Workforce Protection (“DCWP”) promulgated its final regulations (the “Final Regulations”) regarding the New York City Automated Employment Decision Tools Law (“AEDTL”). In connection with the Final Regulations, the DCWP also notified employers that it would further delay enforcement of the AEDTL from April 15, 2023 to July 5, 2023. The Final Regulations, among other things, expand the definition of “machine learning, statistical modeling, data analytics, or artificial intelligence” as used in the AEDTL and clarify specifics around the bias audits required by the AEDTL.Continue Reading NYC Issues Final Regulations for Automated Employment Decision Tools Law, Delays Enforcement to July 5, 2023

On March 3, 2023, Governor Kathy Hochul signed a series of amendments to the New York Pay Transparency Law (“NYPTL”) into law. As we previously reported, the NYPTL takes effect on September 17, 2023 and will require covered employers to include the following information in advertisements for internal and external “job, promotion, or transfer opportunities”:Continue Reading New York Amends Statewide Pay Transparency Law

On December 21, 2022, Governor Kathy Hochul signed S.9427-A/A.10477 (the “New York Pay Transparency Law” or “NYPTL”), a pay transparency law that will affect most employers who do business in the state of New York. The New York Pay Transparency Law will take effect on September 18, 2023.Continue Reading Governor Hochul Signs New York Pay Transparency Bill Into Law

On December 12, 2022, the New York City Department of Consumer and Worker Protection (“DCWP”) announced that it would delay the date of its enforcement of the New York City Automated Employment Decision Tools Law (“AEDTL”) from January 1, 2023 to April 15, 2023. The change is due to the high volume of public comments the DCWP received in connection with its proposed regulations implementing the AEDTL, along with the DCWP’s plans to hold a second public hearing before finalizing those regulations.Continue Reading NYC Delays Enforcement of Automated Employment Decision Tools Law to April 15, 2023

UPDATE: Mayor Adams signed Int. 134 into law on May 12, 2022.  It is currently effective.

On April 28, 2022, the New York City Council (the “Council”) passed Int. 134, an amendment to New York City’s Salary Transparency Law (the “Salary Transparency Law” or “STL”) that finalized a number of significant changes to its requirements.  As we previously reported, the Council has been considering Int. 134 in various forms since March 24, 2022.  The original version of Int. 134, which provided more significant protections for employers, failed to gain traction.  Following discussions with pay equity advocates and the small business community, Int. 134’s sponsors announced modifications to Int. 134 designed to represent a compromise proposal.  That version of Int. 134 passed, and will be effective immediately if signed by Mayor Eric Adams.
Continue Reading UPDATED: New York City Council Approves Amendments to Salary Transparency Law; New Date for Compliance Now November 1, Among Other Changes

On March 22, 2022, the New York City Commission on Human Rights (the “Commission”) issued its first round of guidance regarding the salary transparency law (the “Salary Transparency Law” or “STL”) currently scheduled to take effect on May 15, 2022.  As we previously reported, the Law will amend the New York City Human Rights Law (“NYCHRL”) to require all New York City employers to state the minimum and maximum salary associated with an advertised internal or external “job, promotion, or transfer opportunity.”
Continue Reading New York City Issues First Round of Guidance Regarding Salary Transparency Law

On March 24, 2022, New York City Council members Nantasha M. Williams and Justin L. Brannan introduced Int. 134, a bill that would alter New York City’s impending pay transparency law.  As we previously reported, beginning on May 15, 2022, all New York City employers must state the minimum and maximum salary associated with an advertised “job, promotion, or transfer opportunity,” both internally and externally (the “NYC Pay Transparency Law” or the “Law”).  Int. 134 proposes certain alterations and clarifications to the NYC Pay Transparency Law that may affect employers’ compliance measures.
Continue Reading New York City Council Proposes Amendment to Pay Transparency Law