Publications

My name is Marisa Sandler and I’m an associate at Tannenbaum Helpern Syracuse & Hirschtritt. Today we are going to be discussing the continued impact of the #MeToo movement on New York State employers. October 9th was the well-publicized deadline for New York State employers to complete initial employee sexual harassment prevention training. However, October 9th is not the only day to keep in mind. As of October 11th, harassment claims under the New York State Human Rights Law are subject to a lower evidentiary standard, certain long-standing affirmative defenses to those claims are no longer viable, Plaintiffs can recover punitive damages and attorney’s fees, non-employees can bring discrimination claims, there is the potential for individual liability, there are additional limits placed on confidentiality provisions in settlement agreements and, while potentially unenforceable, arbitration agreements. As of February 8, 2020 the definition of employer under the New York State Human Rights Law will be expanded to include any employer regardless of size. As of August 12, 2020 the statute of limitations for sexual harassment claims filed with the division will be extended to three years. For more information regarding how the #MeToo movement continues to impact employers in New York, check out my blog post on my LinkedIn page.