On Wednesday, October 21 2015, New York Governor Andrew Cuomo signed eight bills that make up part of the Women’s Equality Act (“WEA”), which was first initiated by Cuomo in 2012. These WEA bills are designed to end gender based inequality and discrimination. The bills signed involve equal pay for women, prohibition of employment discrimination, among many other issues. The bills will largely take effect within 90 days.
Specifically, one of the signed bills will prohibit employers from paying women less than their male counterparts in the same job position. The bill additionally addresses a loophole in current state law that allows employers to forbid employees from discussing their pay with each other. The bill bars such practices by an employer. This bill also allows for greater damages for a successful plaintiff-employee if the employer willfully violates the law.
An additional bill focuses on sexual harassment in the workplace. This bill expands the definition of an employer to include all employers in New York, irrespective of their size, in regards to sexual harassment cases. Currently, the definition of employer only includes employers with four or more employees. This new law will allow any employee to bring a sexual harassment claim against their employer.
Another bill allows plaintiffs who file an employment or credit discrimination case on the basis of gender to recover attorneys’ fees if they are successful with their claims. This will make these types of lawsuits more cost efficient and will allow more employees to vindicate their rights.
One bill forbids employment agencies or labor organizations to discriminate against women based on familial status. The purpose of this bill is to correct the practice of employers refusing to promote or hire women who are parents of children under eighteen years of age.
Further, another bill addresses pregnancy discrimination in the workplace. The bill corrects the current law- which has been found to be ambiguous and is often misinterpreted- by mandating that employers must provide pregnant employees with reasonable accommodations.
The remainder of the bills address women’s issues such as human trafficking laws, order-of-protection laws for domestic violence victims, and housing discrimination against domestic violence victims.
In addressing the bills, Governor Cuomo stated, “This comprehensive set of laws will ensure that women are supported, protected, and given all of the opportunities they deserve in life.” He further commented, “[T]he state of New York chooses to be a model of equality for women all across this nation”. In support, Assemblywoman Donna Lupardo stated, “New York is taking many bold steps in the fight against discrimination and continuing to lead the way in ensuring equality for all.”
The employment lawyers at Fitapelli & Schaffer, LLP are strongly committed to protecting the rights of hard working employees. If you believe you have been discriminated against by your employer due to your gender, pregnancy, or familial status, please contact us at (212) 300-0375, or visit our website at www.fslawfirm.com.