The PrestigePEO Perspective – June 2024

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released the final edition of workplace harassment guidance for employers, formalizing for the first time in more than 25 years the EEOC’s interpretation of legal standards and employer liability under federal antidiscrimination law. This lengthy and comprehensive revision of guidance for employers details updated applications of federal law prohibiting harassment and retaliation.

Key takeaways from these revisions include the recognition of unlawful harassment against LGBTQ+ individuals with particular attention given to workplace protections for sex, including pregnancy, childbirth or related medical conditions, sexual orientation and gender identity, in addition to race, color, religion, national origin, disability, genetic information and age.

The EEOC’s final edition of workplace harassment guidance mirrors the 2020 legal ruling from the Supreme Court of the United States which held that gender discrimination under Title VII of the Civil Rights Act of 1964 may include claims based on sexual orientation and gender identification and identifying the potential nature of unlawful workplace harassment against LGBTQ+ individuals, including harassment from any person such as coworkers, managers, supervisors, customers and clients.

This new guidance from the EEOC took effect immediately upon release, so employers need to review their policies and procedures to ensure compliance with not only these new guidelines but any applicable state and local laws that may

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action, relating to unlawful discriminatory practices, harassment or violence under the New York City Human Rights Law, Admin. Code § 8-101, et seq. (NYCHRL).

Currently, New York City employees have one year from the date of the alleged violation to file a complaint with the NYC Commission on Human Rights for an unlawful discriminatory practice or act of discriminatory harassment or violence, and three years to file a claim of gender-based harassment. In addition, employees may initiate a civil action in court under the NYCHRL within three years of the alleged violation.

What Does the Ordinance Specifically Prohibit?

The new ordinance renders “[a]ny provision of an agreement involving an employer, employment agency, or agent thereof pertaining to terms of employment” that purports to shorten the periods in which either: (1) a complaint or claim may be filed with the NYC Human Rights Commission; or (2) a civil action may be filed in court as void and unenforceable. In other words, any provision, term, or language in an employment contract that claims to shorten an employee’s statutory time to file an administrative claim or a civil lawsuit will now be deemed void.

When Does the Ordinance Go into Effect?

The law became effective immediately on May 11, 2024.

Does the Ordinance Apply Retroactively?

The broad language used in the ordinance indicates that it was intended to apply to all employment agreements in effect prior to its enactment.

What should employers do now?

Given that the ordinance took effect immediately, companies with employees working in New York City should take inventory of their existing employment agreements to ensure compliance. Employers should also review their handbooks and other policies. Employers should also be aware that any such provisions in existing employment agreements are no longer enforceable.

Learn how partnering with PrestigePEO will keep you updated on the latest compliance and regulatory changes. Contact us to learn more.

Each new year brings a new set of trends in HR. In 2024, we’re seeing major shifts in the recruiting and retention spaces. Here are a few to keep your eyes on:

• Remote and hybrid work: Remote just isn’t going away. Businesses are trying to contend with the fact that many top employees now look for fully remote or at least hybrid positions to help them create a more flexible work situation. This is a big consideration in recruitment efforts.
• Better benefits: Fortune research found that today’s employees want better benefits over higher salaries. This means companies have to prioritize better health insurance and essentials like paid parental leave.
• Mental health and wellness: The well-being of employees also needs to be a priority for today’s businesses. With an uncertain labor market and a shifting economy, employees are stressed about the future. Invest in their mental health with ongoing wellness initiatives.
• Prioritizing soft skills: Gone are the days when employees are evaluated on what they can do. It’s become more important to think about how they do it. This means paying closer attention to soft skills like communication, critical thinking and empathy, which can improve the company as a whole.

Find out more about this year’s recruiting and retention trends with PrestigePEO. We provide a host of HR services to help you boost retention. Talk to us about strategies to keep your people.

Find out everything you need to know about managing political discussions at work, which become especially tense when there’s an election. Read our blog for more advice on managing the workplace in an election year.