Barbarino: Article on New York Court of Appeals’ Opinions Under the New York City Human Rights LawNew York Employment Law Letter September 16, 2010
Jill Barbarino, an Associate in the Labor and Employment practice in the New York office, wrote an article titled, "New York Court of Appeals Renders Two Significant Opinions Under the New York City Human Rights Law."
Here is an excerpt:
On May 6, the New York Court of Appeals held that the Faragher-Ellerth defense doesn't apply to claims under the New York City Human Rights Law (NYCHRL). The court concluded that the NYCHRL subjects employers to strict liability for harassment committed by supervisory employees and that Faragher-Ellerth-type evidence can be used only to mitigate damages.
On July 1, the court of appeals held that for nonresidents of New York City and the state of New York to assert employment discrimination claims under the NYCHRL or state antidiscrimination law, they must prove that the alleged discriminatory conduct had an impact within the boundaries of the city or the state.