Boo! It appears that fright-fest preparations for New York City employers will come early this year now that Mayor de Blasio has signed a New York City law that prohibits employers from inquiring into or relying on a job applicant’s compensation history to determine compensation in the hiring process. The new law is scheduled to go into effect on October 31.
We live in a world of “leaking” and threats of dire consequences for the leakers. Does an employer have the legal means to prevent disclosure of information acquired during employment? Likewise, can an employer seek legal redress for such disclosures?
Of late, we have recently written quite a bit about the ever-changing legal landscape regarding protections for LGBTQ employees. Most of the authority we explored involved whether or not sexual orientation (as well as gender identity and expression) are protected under Title VII of the Civil Rights Act of 1964 (Title VII). Now, for the first time, a federal district court has ruled that a transgender employee may proceed with her discrimination claims under the Americans with Disabilities Act (ADA). While courts applying Title VII have held that sex discrimination prohibits anti-transgender discrimination in the workplace, this case is unique because it held that a transgender employee, with gender dysphoria, may also be protected by the federal disability law.
Under a final rule issued by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), effective January 19, 2017, federal government contractors must now comply with new privacy training requirements regarding protection of personally identifiable information (PII). The new rule adds Subpart 24.3 (Privacy Training) to the Federal Acquisition Regulation (FAR) and a new standard contract clause (FAR 52.224-3) implementing the new requirements. These changes reflect that security and privacy are crucial elements of a comprehensive, strategic, and continuous risk-based program in Federal agencies.
As we have frequently reminded our readers, even non-unionized employers need to pay close attention to the National Labor Relations Board’s (NLRB) rulings and opinions as to employees’ rights under applicable labor law. For example, the NLRB has focused on employee handbook provisions – applicable to both union and non-union employers, which it considers to be in violation of the National Labor Relations Act (NLRA).