EEOC Issues Fact Sheet Regarding Protections Against Discrimination Based on Sexual Orientation or Gender Identity

On Tuesday, June 15th, 2021, the one-year anniversary of the landmark Supreme Court decision Bostock v. Clayton County, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document laying out guidance regarding protections against employment discrimination based on sexual orientation or gender identity. In Bostock, the U.S. Supreme Court held that federal law…

Concerned About COVID-19 at Your Workplace? OSHA Releases Long-Overdue COVID-19 Emergency Temporary Standard, with Limits on Its Scope

On Thursday, June 10, 2021, the Occupational Safety & Health Administration (OSHA) released  its much-anticipated COVID-19 Emergency Temporary Standard (ETS), nearly five months after President Biden issued an executive order directing the agency to pursue an emergency standard to reduce the risk that workers may contract COVID-19 in the workplace. Notably, while the executive order…

Is Your Employer Offering You an Incentive to Get Vaccinated Against COVID-19? EEOC Releases Guidance on Incentives for Employee Vaccination

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) released updated technical assistance explaining how federal equal employment opportunity (EEO) laws—namely, the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA)—apply when an employer offers incentives for employees to provide documentation or other confirmation of their COVID-19 vaccination status. First,…

Feeling the Effects of the COVID-19 Vaccine? NYS Paid Sick Leave May Be Used

On May 27, 2021, New York Governor Andrew Cuomo announced that state Department of Labor forthcoming guidance will direct employers to permit the use of NYS Paid Sick Leave for any necessary recovery period from the COVID-19 vaccine. As a result, New Yorkers experiencing side effects from the COVID-19 vaccine can use NYS paid sick…

New York Establishes Historic Excluded Workers Fund

The 2022 New York State Budget created a $2.1 billion program for workers who have lost income during the COVID-19 pandemic, but are ineligible for Unemployment Insurance, federal stimulus payments, or other federal COVID-related benefits due to their immigration status. Immigrant communities have been disproportionately burdened by the pandemic in terms of their health and…

Levy Ratner Represents Massachusetts Association of Minority Law Enforcement Officers in Case Challenging Boston’s Use of Racially Discriminatory Promotional Tests

Levy Ratner’s Dana Lossia and Rebekah Cook-Mack are proud to represent the Massachusetts Association of Minority Law Enforcement Officers in an Amicus Brief with the 1st Circuit Court of Appeals in Smith v. City of Boston, which challenges Boston’s use of a discriminatory promotional test to select Police Lieutenants. Levy Ratner stands with the Black and Latino…

New York Employees Can Take Paid Leave to Receive COVID-19 Vaccine

On Friday, March 12, 2021, Governor Andrew Cuomo signed into law a bill (S.2588A/A.3354B) that allows public and private New York employees to take paid time off to get vaccinated against COVID-19. Employees are permitted take up to four hours of leave per injection, meaning an employee who receives a vaccine that requires two doses…

OSHA Releases New COVID-19 Workplace Safety Guidance

On January 29, 2021, the Occupational Safety and Health Administration (OSHA) released new guidance on best practices to mitigate and prevent the spread of COVID-19 in the workplace. This guidance follows President Biden’s January 21, 2021 Executive Order calling for OSHA to issue new COVID-19-related workplace safety guidance. Looking ahead, the EO also called for…

NYC Expands Protections of Fair Chance Act for Employees and Applicants With Criminal Records

In January 2021, amendments strengthening the NYC Fair Chance Act became law and will take effect on July 29, 2021.  These amendments extend protections to employment applicants with pending criminal accusations and arrests, and convictions arising during employment. Employers may not inquire or act adversely against an applicant or employee with a non-pending arrest, adjournment…