Earlier this month, Proskauer issued a client alert on the latest amendment to the New York City Human Rights Law, which expands the protections against discrimination for pregnant employees. For more on the new law, see our prior client alert New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations.

One of the requirements of the new law is for employers to provide a written notice to new hires at the commencement of employment (beginning January 30, 2014) and to existing employees (by May 30, 2014) of the right to be free from discrimination on the basis of pregnancy, childbirth, or a related medical condition. The New York City Commission on Human Rights recently published the form of notice in English[1] and it is now available on the Commission's website. While employers are not required to post this notice, the new law encourages posting in a conspicuous place.

Employers should take steps now to update their new hire packages to include the notice. Employers also should plan to distribute the notice to current employees on or before May 30. Although the new law is silent on the method of distribution, electronic notice likely is permissible. If employers send the notice by email, they should obtain acknowledgment of receipt by electronic means.

Employers also may want to consider including the notice on any bulletin board where other postings are located; adding a pregnancy accommodation policy to their employee handbook; and/or including the notice on their intranet if other policies are posted there.

Please contact your Proskauer relationship attorney for further guidance on compliance with the new law.

 

[1] The Commission is in the process of preparing foreign language versions of the notice, which will be posted on the website when available. The notices in Spanish, Russian, and Chinese presently posted on the website are not up-to-date.

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Authors of this alert:
Katharine H. Parker, Daniel L. Saperstein and Kelly Anne Targett.