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This week our family buried an intellectually brilliant, fiercely determined, infallibly kind individual who lived a far longer, fuller life than any doctor might have predicted. Diagnosed with a progressive, increasingly degenerative medical condition decades ago, this individual consistently focused on leveraging equipment and technology, and the support of family, kind aides, and friends to

The overwhelming majority (nearly 90 percent, according to the most recent report from the U.S. Bureau of Labor Statistics) of workers in the United States are not unionized.  And yet, in the private sector most of those non-unionized workers have legal protections under the National Labor Relations Act (NLRA).  Too often employers, particularly small employers

New York will soon join the majority of states that prohibit employers from requesting or requiring job applicants or employees to provide their personal social media information.  First enacted in Maryland more than a decade ago, these laws grant employees a measure of privacy in their online postings, but only to the extent that posted

Whoopi Goldberg made headlines and ultimately apologized in 2022 over her strenuous assertion that the Holocaust was not about race.  Over the past several months, I have heard anecdotal reports of Jewish employees, alarmed by rising rates of global antisemitism, being denied requests to form a Jewish employee resource group (ERG) at various organizations, on

New York City law now prohibits employers from discriminating against job applicants and employees based on their height and weight.  New York City has thereby joined the state of Michigan and about a dozen other localities that similarly ban discrimination based on weight, height or personal appearance.  While many of the local laws date back

Absolutely yes – depending on the circumstances. While we have grown up with the notion that free speech is sacrosanct in this country, the First Amendment actually only prohibits the government from restricting individuals’ speech. The restriction on censorship does not extend to private employers and, to be clear, not-for-profit organizations are also private employers.

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