Amanda M. Gómez

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

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

Latest Articles

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 on 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 on 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 on 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 on 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 on 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 on 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 on 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…

Retail Labor and Employment Law

Washington Prohibits Nondisclosure Agreements Related to Sexual Harassment or Assault

By Judah L. Rosenblatt & Amanda M. Gómez on April 13, 2018

On March 21, 2018, Washington Governor Jay Inslee signed bill SB 5996 (the “Law”), which prohibits employers from requiring as a condition of employment that employees sign a nondisclosure agreement preventing them from discussing workplace sexual harassment or sexual assault. The Law goes into effect on June 7, 2018. In addition to sexual offenses in the workplace, the Law covers such incidents that occur at work-related events “coordinated by or through the employer,” or between…

Health Employment and Labor

Sixth Circuit Finds Title VII Covers Discrimination Based on Transgender Status

By Nathaniel M. Glasser & Amanda M. Gómez on March 12, 2018

In a significant decision on Wednesday, March 6, 2018, the U.S. Court of Appeals for the Sixth Circuit held in EEOC v. R.G. &. G.R. Harris Funeral Homes that discrimination against a worker on the basis of gender identity or transitioning status constitutes sex discrimination that violates Title VII. In R.G. & G.R., the funeral home’s owner fired funeral director Aime Stephens after she informed him she intended to begin a gender transition and present…

Health Employment and Labor

Second Circuit Rules Anti-Gay Discrimination Is Sex Discrimination

By Kate B. Rhodes, Nathaniel M. Glasser & Amanda M. Gómez on February 28, 2018

In a move that could have broad national effects on gay rights in the workplace, the Second Circuit ruled that discrimination based on sexual orientation violates Title VII of the Civil Rights Act, deciding in favor of the estate of a deceased skydiving instructor who was allegedly fired for telling a client he was gay. On Monday, the United States Court of Appeals for the Second Circuit became the second federal appeals court to rule…

Amanda M. Gómez

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

Washington Prohibits Nondisclosure Agreements Related to Sexual Harassment or Assault

Sixth Circuit Finds Title VII Covers Discrimination Based on Transgender Status

Second Circuit Rules Anti-Gay Discrimination Is Sex Discrimination

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