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Timothy J. DomanickBlog Posts

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  • New York Employers: Gov. Hochul Signs New Sexual Harassment Laws into Effect

    Seeking to address several open issues in New York’s sexual harassment laws, Governor Hochul has signed a package of legislation strengthening the state’s antiharassment initiative. The legislation consists of three separate bills, two of which are relevant for private employers: S.812B/A.2035B – Confidential Hotline for Complaints of Workplace Sexual Harassment This amends section 295 of...
    March 21, 2022
  • Coming Soon for 2021: EEOC to Update Its Compliance Manual Regarding Religious Discrimination

    After being issued more than 12 years ago, the Equal Employment Opportunity Commission (EEOC) voted to publish a proposed update to its Compliance Manual section on religious discrimination.  Once published, it will be open and available for public comment.  According to the EEOC, the updated guidance will reflect recent legal developments and emerging issues under...… Continue Reading
    November 12, 2020
  • Updated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to Work

    Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work.  The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing.  In adding Question A.7, the EEOC... Continue Reading…
    June 29, 2020
  • Updated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to Work

    Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work.  The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing.  In adding Question A.7, the EEOC...… Continue Reading
    June 29, 2020
  • “No Backsies?” — Not Rehiring a Recently Retired Employee Can Lead to Liability

    Based on a set of somewhat unusual facts, a federal district court in Ohio ruled that an employer that refused to rehire a recently retired individual to his former position will need to argue at a jury trial that its decision was not based on age.  In Rose v. City of Toledo, a 62-year-old employee...… Continue Reading
    February 10, 2020
  • Manager’s Observation of Harassment Places Liability on Employer

    Under generally accepted Title VII principles, an employer can be held liable when a co-worker harasses a co-worker if a supervisor is aware of the harassment, but fails to take prompt corrective action. This principle was reiterated in EEOC v. Driven Fence, Inc., where an African American Plaintiff quit his job after being subjected to...… Continue Reading
    August 22, 2019
  • Court of Appeals Rules Landlords Can Be Liable for Tenants’ Discriminatory Conduct

    Just when landlords and their insurers thought that their obligations couldn’t get broader, the Second Circuit Court of Appeals ruled the federal Fair Housing Act’s anti-discrimination requirement extends to every part of the housing relationship, including discrimination by another tenant (not by the landlord) that occurs after the sale or rental transaction is completed. Francis...… Continue Reading
    March 21, 2019
  • New Suffolk County, NY, Bill Bans Inquiry into Salary History

    Joining New York City, Albany County, and Westchester County, Suffolk County has become the latest jurisdiction in New York to pass a bill that prevents employers from inquiring into the salary and benefits history of job applicants. Designed to establish pay equality and to “break the cycle of wage discrimination,” the Restricting Information on Salaries...… Continue Reading
    November 30, 2018
  • Pregnancy-Related Restroom Breaks May Be Protected Under ADA, and Not Title VII

    Claiming that frequent restroom breaks were required by a pregnancy-related medical condition, a former employee’s claims were allowed to proceed under the Americans with Disability Act, but not Title VII.  In Wadley v. Kiddie Academy International, Inc., plaintiff alleged that the employer discriminated against her because of a pregnancy-related disability by discharging her for leaving...… Continue Reading
    July 16, 2018
  • Jury May Find Pregnancy Discrimination Where Employer Refused To Assign Work To Avoid Injury To Pregnant Worker

    Pregnancy discrimination can arise from an employer’s effort to “protect” a pregnant worker from harm, just as it can from other adverse actions.  In Cameron v. NYC Dept. of Educ., 15-cv-9900 (S.D.N.Y), it was alleged that plaintiff no longer received teaching assignments after her pregnancy became visible and known.  According to plaintiff, the principal told...… Continue Reading
    March 21, 2018

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