Employers with facilities in New York are probably aware of the significant piece of anti-discrimination legislation Gov. Cuomo signed recently. The new law:
- expands coverage to all employers regardless of size;
- expands protections against discrimination to certain non-employees;
- increases the statute of limitations for sexual harassment claims from one to three years;
- adds punitive damages and mandatory attorneys’ fees as potential remedies;
- prohibits mandatory arbitration of discrimination claims;
- adds to the notice requirements an employer must provide regarding its sexual harassment policy, including in the language identified by any employee as their primary language; and
- places significant specific restrictions upon the use of non-disclosure agreements
While these changes are certainly significant, the more troubling aspect of the law for employers and their counsel may be its expansive definition of sexual harassment as well as its open dismissiveness of federal law.
Continue Reading New York’s new discrimination law—Aberration or the start of a trend?