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Business and Employee Groups Oppose Merger of OFCCP with EEOC

President Trump’s 2018 budget, released on May 23, proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC) by the end of FY 2018.  The proposed merger purports to result in “one agency to combat employment discrimination.”  The Trump administration asserts that…

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New York City Enacts Freelance Worker Law

Employers’ engagement of independent contractors has increased substantially in recent years.  Short-term projects and the gig economy have fueled the need for workers, who are not looking (or are unable) to find permanent employment, but otherwise possess critical skills or talents desired by start-up and well-established companies.  In light of this reality,…

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New York City Passes Law Barring Employers From Inquiring Into Job Applicant Salary History

On May 4, 2017, Mayor Bill de Blasio signed a New York City Council bill that prohibits employers from inquiring about a prospective employee’s “salary history” during any stage of the employment process.  In addition, the new law prevents employers, who happen to be aware of a job candidate’s salary…

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New York Federal Court Refuses to Split Hairs Over Whether a Sexual Orientation Discrimination Claim Can Proceed Under Federal Law

Title VII prohibits employment discrimination because of sex.  It does not, however, expressly prohibit discrimination based on an individual’s actual or perceived sexual orientation.  Recently, federal courts have started to disregard this distinction in favor of concluding that discrimination on the basis of sexual orientation is a form of sex…

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Second Circuit Rules that a Single Racist Comment Can Create a Hostile Work Environment

Earlier this week, I reported in Murtha Cullina’s Labor and Employment Group News that the Second Circuit, which covers New York, Connecticut and Vermont, clarified that a single racist comment could support a claim for a discriminatory hostile work environment on the basis of race, where the comment constituted a…