Our Insights


New York City Council Passes Bill Prohibiting “Unemployment” Discrimination; Mayor Bloomberg Indicated Intention to Veto Bill

Authors: Allison E. Ianni (New York City), Aaron Warshaw (New York City)

Published Date: February 28, 2013

On January 23, 2013, New York’s City Council passed a bill that would modify the New York City Human Rights Law and prohibit discrimination based on unemployment status. The bill would also prohibit advertising requiring current employment as a condition of employment. However, the bill contains several notable exceptions, including that employers may (1) consider an applicant’s unemployment if a substantially job-related reason exists for doing so, and (2) ask applicants about the circumstances related to “separation from prior employment.” If enacted, Bill 814-A would create a private cause of action, as well as grant the New York City Human Rights Commission the authority to enforce the law. Mayor Michael Bloomberg has expressed his intention to veto the bill. Ogletree Deakins will continue to monitor the status of this bill.

Note: This article was published in the February 2013 issue of the New York eAuthority.

Allison E. Ianni  (New York City)

Allison E. Ianni
Allison Ianni is Of Counsel in the New York City office of Ogletree Deakins, where she represents and advises management in all aspects of employment law. Ms. Ianni regularly defends employers against claims of discrimination, harassment, retaliation, and wage and hour violations, in state and federal courts and before administrative agencies and arbitration panels. In particular, she has represented clients in the media, higher education, insurance, hospitality, and consulting industries. Ms....

Aaron Warshaw  (New York City)

Aaron Warshaw
Aaron Warshaw is an experienced, attorney who represents a diverse array of clients in labor and employment matters. He is one of the founding attorneys of the New York City office. Aaron’s first-chair experience includes representing Fortune 500 companies in single-plaintiff and class-action employment cases. He has actively litigated and appeared in many jurisdictions throughout New York State, including before state courts, federal courts, appellate courts, and administrative agencies....