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New York Labor And Employment Law Blog


On Monday August 12, 2109, Gov. Cuomo signed into law less restricitve proof to prove sexual harassment in the workplace and makes it easier for an employees to meet the new lower standard to prove sexual harassment.  And remember filing a Charge of any type of discrimination, incluidng sexual harassment, with the New York State Division of Human Rights,
(NYSDHR) is an option called "election of remedies" meaning you do not have to file with NYSDHR and instead, you can simply file a law suit in State in Court or bring your State Discrimination cases in Federal Court along with your Federal Claims of discrimination.  I can explain it all.  But this is great news.  

Sexual Harassment. No Matter Your Gender

In April 2018 New York State enacted new legislation targtingworkplace sex discriminaion and sexual harassment and requires all companies, no matter how employees it has, to have in place anti-sexual harassment policies, create and distribute a standard intenal complaint form for employees to use and provide annual anti-sexual harassment training for all New York based employees.

Amendments Pertaining to Sexual Harassment In Workplace

Please know the current New York Law which forbids sexual harassment of employees, has been expanded and now protects non-employees, including contractors, subcontractors, freelancers, vendors, consultants and anyone else providing services to an entity pursuant to a contract. 

Severance Agreements

Please know that is you are offered a severane agreement that I would like to speak with first as sometimes there is more going on with how you were treated that caused you to be offered a severance agreement.  And based on what you advise me, I can negotiate the severance agreement for you or simply review it and let you know what is missing as more likely than not, once you sign it, thats it and you can never go after your former company for anything you know now or learn about in the future.  It worth a no fee telephone call with me.

Mediation May Resolver the Discrimination Against You

For both Employees who have the good faith belief they are being discriminated against and then retaliated against for complaining to a Supervisor of Human Resource person as well as for the Employer, after conducting a full investigation into the Employee's good faith discrimination complaint, the next step may very well be that both the Employee and Employer participate in a Mediation to resolve the matter.  I more than willing to do this as I have successfully done in the past.  If you beleive that this might work, then let me know.  

Just Checking In

Just wanted to wish you all a healthy new year and that all should be good with you at home and at work.  Please let me know if you feel somehting is just not right at work and you want to shoot the breeze.  If you feel in your gut something is wrong than it is.  I am telephone call away.  Be well.

No One Is to Too Big To Fall

If you are being sexually harassed in the workplace please tell me.  Please do not be afraid to let me know.  I will guide you with the law and then you can make your decision of what you want to do.  This goes for any type of unconfortableness you are experiencing at work and it goes for same sex as well.  Do not be emabrassed, especially if you are male and being sexually harassed by antothe male or female, or if you are female and being sexually harssassed by your boss whi may be male or female.  Bottom line it is wrong and against the law.  And you are a victim.  Sometimes its important to have a confidental conversation about it, and I want to help, please.

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