Amanda M. Gómez

Firm/Organization: Epstein Becker & Green, P.C.

Blogs: Financial Services Employment Law, Health Employment and Labor, Hospitality Labor and Employment Law, Retail Labor and Employment Law

Latest Articles

Hospitality Labor and Employment Law

Colorado Joins Wave of States to Offer Heightened Employee Protections

By Amanda M. Gómez & *Jamie Brazier (UK)

July 22, 2019

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Colorado has joined a growing movement of states in passing laws that provide greater protections to employees and job applicants. Among these are the Equal Pay for Equal Work Act and a ban the box law, which limits criminal history inquiries for job applicants. The following is a breakdown of Colorado’s newest employment laws and how their implementation may impact employers and employees alike. Equal Pay Effective January 1, 2021, the Equal Pay for Equal …

Hospitality Labor and Employment Law

Proposed Regulation Prohibiting Gender Identity Discrimination Conforms Division of Human Rights’ Regulations to Executive Law

By Amanda M. Gómez & *Jamie Brazier (UK)

July 18, 2019

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After a long legislative battle, the New York State Gender Expression Non-Discrimination Act (“GENDA” or “Law”), which was signed into law and became effective on January 25, 2019, explicitly added “gender identity or expression” as a protected class under the state’s non-discrimination laws. Now, under a proposed state regulation, the New York State Division of Human Rights (“DHR”) would amend its regulations, codified in NYCRR §466.13, prohibiting discrimination on the basis of gender…

Financial Services Employment Law

Federal Court Declares That a Ban on Mandatory Arbitration of Sexual Harassment Claims Is Inconsistent with Federal Law

By Traycee Ellen Klein, Shira M. Blank & Amanda M. Gómez

July 8, 2019

Launched more than a decade ago, the #MeToo movement made its way into the national (and international) conversation in 2017, and, by 2018, the movement had such momentum that it spurred a cornucopia of new state laws. One of these new laws, which became effective July 11, 2018, is a New York State statute that prohibits employers from requiring employees to submit sexual harassment claims to mandatory arbitration. This new law is codified in Section…

Retail Labor and Employment Law

Massachusetts Sets New Deadlines and Contribution Rates for the Paid Family and Medical Leave Program, and Anticipates Further Changes

By Susan Gross Sholinsky, Ann Knuckles Mahoney, Amanda M. Gómez & Anastasia A. Regne

June 17, 2019

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As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML”) recently extended the deadline for employers to provide notice to employees of their rights and obligations under the State’s Paid Family and Medical Leave (“PFML”) law. Subsequently, on June 11, 2019, Massachusetts Governor Charlie Baker, state Senate President Karen Spilka, and state House Speaker Robert DeLeo released a joint statement announcing that implementation of certain aspects of the PFML program are…

Health Employment and Labor

NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law

By Nathaniel M. Glasser, Lauri F. Rasnick, Michael F. McGahan, Steven M. Swirsky, Amanda M. Gómez & Anastasia A. Regne

May 15, 2019

As we previously reported, on April 9, 2019, the New York City Council passed Int. 1445-A, which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana). On May 10, 2019, Int. 1445-A became law by operation of the New York City legislative process, which automatically made the bill law after 30 days without action by Mayor de Blasio. The law becomes effective May 10, 2020, giving…

Hospitality Labor and Employment Law

NYC Commission on Human Rights Adopts Rules Establishing Broad Interpretation of Laws Prohibiting Gender Discrimination

By Amanda M. Gómez

February 13, 2019

The New York City Commission on Human Rights (the “Commission”) has adopted new rules (“Rules”) which establish broad protections for transgender, non-binary, and gender non-conforming individuals. The Rules, which define various terms related to gender identity and expression, re-enforce recent statutory changes to the definition of the term “gender,” and clarify the scope of protections afforded gender identity status under the New York City Human Rights Law. New York State also just added gender identity…

Retail Labor and Employment Law

NYC Commission on Human Rights Issues Guidance on Employers’ Obligations Under the City’s Disability Discrimination Laws

By Susan Gross Sholinsky, Nancy Gunzenhauser Popper & Amanda M. Gómez

September 17, 2018

The New York City Commission on Human Rights (“Commission”) recently issued a 146-page guide titled “Legal Enforcement Guidance on Discrimination on the Basis of Disability” (“Guidance”) to educate employers and other covered entities on their responsibilities to job applicants and employees with respect to both preventing disability discrimination and accommodating disabilities. The New York City Human Rights Law (“NYCHRL”) defines “disability discrimination” more broadly than does state or federal disability law, and the…

Hospitality Labor and Employment Law

NYC Human Rights Commission Proposes Broad Interpretation of Laws Protecting Gender Identity and Expression

By Amanda M. Gómez

September 14, 2018

The New York City Commission on Human Rights (the “Commission”) recently proposed new rules (“Proposed Rules”), which, among other things, define various terms related to gender identity, re-enforce recent statutory changes to the definition of the term “gender,” and clarify the scope of protections afforded gender identity status under the New York City Human Rights Law (“NYCHRL”). If the proposed rules are adopted, the Commission’s interpretation of the NYCHRL will establish broad protections for individuals…

Health Employment and Labor

Eight State Attorneys General Urge Eighth Circuit Not to Expand Scope of Title VII

By Nathaniel M. Glasser, Kate B. Rhodes & Amanda M. Gómez

June 20, 2018

State attorneys general from Louisiana, Missouri, Oklahoma, Texas, Michigan, Nebraska, and South Dakota have joined Arkansas (collectively the “States”) in an amicus brief to the Eighth Circuit, urging the court not to join the Seventh Circuit and Second Circuit in interpreting Title VII of the Civil Rights Act of 1964 (“Title VII”) to prohibit sexual orientation discrimination. The States submitted this brief in a case brought by Mark Horton against Midwest Geriatric Management LLC (“Midwest…

Hospitality Labor and Employment Law

Supreme Court Rules in Favor of Baker in LGBT Discrimination Case

By Amanda M. Gómez & Kate B. Rhodes

June 19, 2018

On June 4, the Supreme Court voted 7-2 in favor of a Christian Colorado baker and owner of Masterpiece Cakeshop, who had refused to create a custom wedding cake for a gay couple due to his religious objections to gay marriage. Although the case previously had been litigated on free speech grounds, the Court’s opinion largely avoids this constitutional question, and does not address whether Title VII prohibits discrimination based on sexual orientation. Instead, the…

Amanda M. Gómez

Colorado Joins Wave of States to Offer Heightened Employee Protections

Proposed Regulation Prohibiting Gender Identity Discrimination Conforms Division of Human Rights’ Regulations to Executive Law

Federal Court Declares That a Ban on Mandatory Arbitration of Sexual Harassment Claims Is Inconsistent with Federal Law

Massachusetts Sets New Deadlines and Contribution Rates for the Paid Family and Medical Leave Program, and Anticipates Further Changes

NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law

NYC Commission on Human Rights Adopts Rules Establishing Broad Interpretation of Laws Prohibiting Gender Discrimination

NYC Commission on Human Rights Issues Guidance on Employers’ Obligations Under the City’s Disability Discrimination Laws

NYC Human Rights Commission Proposes Broad Interpretation of Laws Protecting Gender Identity and Expression

Eight State Attorneys General Urge Eighth Circuit Not to Expand Scope of Title VII

Supreme Court Rules in Favor of Baker in LGBT Discrimination Case

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