In United States v. Patel – a labor-side criminal antitrust case brought in federal district court in Connecticut[1] – six individuals were recently acquitted of charges of having entered into an illegal conspiracy to restrict hiring and recruiting in the aerospace industry. The decision highlights difficulties in the criminal prosecution...
As recounted by my colleagues Jill Kahn Marshall and Anna Beckelman in their recent article, on May 11, 2023, the New York City Council passed a bill that prohibits discrimination in employment, housing, and access to public accommodation on the basis of someone’s actual or perceived height or weight. By...
I recently have been involved in a labor arbitration where a local union of employees at a federal penitentiary successfully challenged the Bureau of Prisons’ discriminatory policy of excluding females from two posts because they might see a male inmate unclothed. The Arbitrator bifurcated the hearing so that the union,...
By Jill Kahn Marshall and Anna Beckelman On May 11, 2023, the New York City Council passed a bill that amends the New York City Human Rights Law to prohibit discrimination based on weight and height in employment, housing, and public accommodations. The bill is expected to be...
The month of May has become a very popular month for raising awareness of a wide range of health conditions, particularly so-called “invisible illnesses” from which many suffer not only from the disease itself but also from the condition being less apparent and therefore perhaps less likely to be believed...
In a first-of-its-kind ruling from earlier this year, the Delaware Court of Chancery (i) clarified that corporate officers of Delaware corporations (like corporate directors) are subject to the fiduciary duty of oversight, and (ii) held that sexual harassment by an officer constitutes bad-faith conduct breaching the duty of loyalty.[1] In...
The New York City Department of Consumer and Worker Protection just announced that it will begin enforcing the NYC Automated Employment Decision Tools (“AEDT”) law on July 5, 2023, delaying enforcement of a law which was originally introduced in 2021. Along with this announcement, the Department also published its Final...
New York State Assembly Bill A8092B, referred to as New York State’s Lawful Absence Law, recently went into effect.[1] The Law, which amends New York Labor Law §215, prohibits employers from threatening, penalizing, discriminating, or retaliating against employees for any lawful absences under federal, state, or local law, including legally...
By Jill Kahn Marshall and Anna Beckelman As an employment lawyer, I often find myself having the same difficult conversation with prospective clients who believe they were wrongfully discharged. I explain that while the circumstances of the termination may seem unfair, if the worker was an at-will employee (like most...
Last year, I wrote about a case challenging New York’s reproductive healthcare nondiscrimination bill on First Amendment freedom of speech grounds. Now, in a related case, the Second Circuit recently held that the law may violate the right to freedom of “expressive association” for certain anti-abortion employers. The law in...