Although intended to be less intimidating than a court proceeding, the process by which the New York State Division of Human Rights (the Division) handles complaints can be opaque and intimidating to many individuals, employers and other organizations.  This article is intended to demystify things a bit.
Who Can Complain
Individuals who were harassed or…

What is antisemitism? Under our anti-harassment law construct, organizations are likely undertaking the wrong analysis if they simply consider it a form of religious harassment.
Judaism is a religion. Employers cannot discriminate against employees based on their religion and they have obligations to provide reasonable accommodations for employees based on their religion. The Supreme Court…

The window has now closed for employers to catch-up on physically inspecting work authorization documentation for individuals who were hired during the pandemic.  At the same time, regulations from the Department of Homeland Security (DHS) that took effect August 1, 2023 open a new window for employers to continue with video inspection of work authorization…

“It’s bullying,” “I’m being harassed,” or “this is creating a hostile work environment.” As a workplace investigator these are phrases that I hear on a daily basis from complainants and their colleagues, and even sometimes from the respondents accused of harassing behavior. “Harassment” and “hostile work environment” are actually legal terms, by which I mean…

In workplace training programs, I will at times encourage participants to consider the case study – or a situation they are personally confronting – through a different perspective.  You may not be too bothered by a situation in which a woman is touching a man while speaking to him, but how would you assess the…

With just a handful of words, the NYS Department of Labor has turned upside down the purpose of the state’s WARN Act and imposed a plethora of new obligations on employers that make little practical sense. What I am referring to is a recent amendment to the state’s WARN Act regulations, effective as of June…

Too many camp directors seem to be unaware of their obligations as employers and particularly the restrictions that employment laws place on employer inquiries. Even minors, when they are on payroll and providing services for the camp, must be accorded the full panoply of employment protections. This means that camp directors must familiarize themselves with…