QBp10

QB042016

queenschamber.org THIS IS QUEENSBOROUGH Lt. Governor Kathy Hochul Speaks to QCC for Women's History Month On Friday, March 18, the Queens Chamber of Commerce's Legislative Committee hosted Lt. Governor Kathy Hochul at the Bulova Corporate Center, where attendees heard first hand what the State is doing to help woman entrepreneur's and what the Chamber can do to help them grow. The “Year of the Woman” in New York By Alan B. Pearl Chief Operating Officer Portnoy, Messinger, Pearl & Associates, Inc. Governor Cuomo has signed into law a number of bills intended to protect and advance the equality of women in New York State, particularly in the workplace. Sexual Harassment: The newly amended Sexual Harassment Protection law is now in effect. All employers, including those with fewer than four employees, can be liable for acts of sexual harassment under the state’s Human Rights Law. Additionally, the amendment permits successful plaintiffs to recover attorneys’ fees in employment or credit discrimination cases based on sex. By having a no-tolerance policy and conducting training of your supervisory staff, a company can diminish its exposure 8 to expensive claims of harassment, discrimination and retaliation. Familial Status: The New York State Human Rights Law now protects employees against workplace discrimination on the basis of familial status. In particular, during the hiring process and while employed, an employee who is a parent or guardian cannot have an adverse employment action taken against them such as not being hired, promoted, or given a raise because they have childcare responsibilities. The goal is to ensure that familial responsibilities and status will not be a factor when making decisions in the workplace. Pregnancy: Pregnant workers’ protections have been expanded under NYS state law as well. The amendment requires employers to provide reasonable accommodations for employees with pregnancy-related conditions, unless the proposed accommodation would impose an undue business hardship. The nature of a pregnancy related condition for which such accommodation is required is now clarified to include any medically accepted condition (needing bathroom breaks, having to sit down and needing water) that prevents a pregnant women from fully performing job duties. Supervisors should not be making decisions on whether to grant or not grant an accommodation without speaking to HR or upper management to assure non-discrimination and equality in dealing with these requests. Wages: Employees may no longer be punished for discussing their salaries, making it easier for wage disparities to become known. Additionally, such disparities are prohibited where the result is a woman being paid less than a man when they perform equal work in a job that requires equal skill, effort and responsibility when performed under similar working conditions. Exceptions are permitted where the payment differential is pursuant to the employee’s quality or quantity of work, and other bona-fide factors such as education, training and experience that are job related and consistent with business necessity.


QB042016
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