Zakrzewska v. New School, 2010 WL 1791091 (Court of Appeals, May 6, 2010) – The New York Court of Appeals recently held that the longstanding Faragher-Ellerth defense is not available to defendants under the New York City Human Rights Law (NYCHRL). First enunciated in 1988 as a defense to Title VII claims, the Faragher-Ellerth defense provides a shield to employers for harassment committed by a supervisory employee when the employer can prove that: (1) a tangible adverse employment action was not involved; (2) the employer exercised reasonable care to prevent and promptly correct the harassing behavior; and (3) the employee unreasonably failed to take advantage of the preventive or corrective opportunities provided by the employer, or otherwise failed to avoid harm. The state’s high court explained that, unlike Title VII and the New York State Human Rights Law, the NYCHRL imposes strict liability for an employer sued for harassment by a supervisor, and thus the defense is not applicable. An employer may, however, still rely upon Faragher-Ellerth-type evidence to mitigate civil penalties and punitive damages.
On February 4, 2021, Arizona Governor Doug Ducey signed into law House Bill (H.B.) 2045, which expands protections for pregnant workers under Arizona law. The measure amends the Arizona Civil Rights Act (ACRA) to mirror existing protections under the federal Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964.
On March 20, 2018, U.S. Citizenship and Immigration Services (USCIS) announced the temporary suspension of the premium processing program for all fiscal year (FY) 2019 cap-subject H-1B cases.
According to a proclamation issued by President Donald Trump on October 4, 2019, the U.S. Department of State will begin issuing immigrant visas only to those foreign nationals who will have health insurance once admitted to the United States, or who can prove that they have the financial means to cover their own medical expenses.