Second Circuit Confirms More Lenient Standard for Punitive Damages Under the New York City Human Rights Law

March 20, 2018

The Second Circuit Court of Appeals, the highest federal court in New York, held in Chauca v. Abraham that an employee may recover punitive damages against an employer under the New York City Human Rights Law (“NYCHRL”) by showing merely that the employer acted with “with willful or wanton negligence” in discriminating against the employee. Conversely, Title VII of the Civil Rights Act (“Title VII”) – the federal law that protects against employment discrimination – sets a... [...]

U.S. Senate Seeks to Shine Light on Sexual Harassment in the Financial Services Industry

March 01, 2018

On March 1, 2018, three United States Senators – Catherine Cortez Masto (D-NV), Dianne Feinstein (D-CA), and Elizabeth Warren (D-MA) – wrote joint letters to the Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) requesting any information that the agencies have regarding the prevalence of sexual harassment in the financial industry.   In their letters, the Senators highlight the “strong ‘cultural and financial forces’ in the industry that... [...]

Second Circuit Rules that Title VII Prohibits Discrimination Based on Sexual Orientation

February 26, 2018

On February 26, 2018, the Second Circuit Court of Appeals issued a landmark decision in Zarda v. Altitude Express, holding that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of an employee’s sexual orientation.  While the United States Supreme Court has not yet addressed this issue, the Second Circuit is now the second federal appellate court (along with the Seventh Circuit) to rule that it is unlawful for employers to discriminate against employees based... [...]

91,000 Au Pairs Fight for Minimum Wage and Overtime

February 16, 2018

Au Pairs across the nation recently obtained a huge victory in their fight to gain protection under the Fair Labor Standards Act (“FLSA”) and various other laws.  The U.S. District Court for the District of Colorado granted class certification in a case entitled Beltran v. InterExchange, Inc. – a ruling that allows over 91,000 au pairs to collectively proceed in one lawsuit and simultaneously bring claims for unpaid wages against their employers. As previously detailed in our “Au... [...]

NYC Extends Greater Protections to Employees Who Seek Reasonable Accommodations

February 01, 2018

New York City recently adopted amendments to the New York City Human Rights Law (“NYCHRL”) to extend new and heightened protections to employees requesting reasonable accommodations.  Starting October 15, 2018, employers are required to engage in a “cooperative dialogue” with (i) employees with disabilities; (ii) pregnant women; (iii) victims of domestic violence; and (iv) individuals in need of religious accommodations, who request reasonable accommodations from their employer. To... [...]

Employee Rights Counsel by Faruqi & Faruqi Logo Twitter Facebook LinkedIn YouTube