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January 24, 2023

Second Circuit Court of Appeals certifies a question concerning the NYCHRL and NYSHRL to the New York Court of Appeals

The federal district court in this action concluded that the New York City Human Rights Law and the New York State Human Rights Law "impact requirement could not be met by a nonresident Plaintiff whose only asserted geographical connection was that she was denied a promotion to a position in New York City and State."  Plaintiff appealed.

Explaining that this case presents an unresolved question of New York Law, the United States Circuit Court of Appeals, Second Circuit, reserving decision, and certified the following question to the New York Court of Appeals:


Whether a nonresident plaintiff not yet employed in New York City or State satisfies the impact requirement of the New York City Human Rights Law or the New York State Human Rights Law if the plaintiff pleads and later proves that an employer deprived the plaintiff of a New York City- or State-based job opportunity on discriminatory grounds?


The Circuit Court also observed that the New York Court of Appeals was not limited to the question as stated hereinabove. Rather, said the Circuit Court, "the New York Court of Appeals may modify the certified question as it sees fit and may direct the parties to address other issues that it deems relevant to the circumstances presented in this appeal."

The Clerk of the Circuit Court was directed to transmit to the Clerk of the New York Court of Appeals "a copy of the Circuit Court's opinion and a complete set of briefs, appendices, and the record filed by the parties" in the Circuit Court of Appeals and noted that "this panel will retain jurisdiction to decide the case once we have had the benefit of the views of the New York Court of Appeals or once that court declines to accept certification."

Click HERE to access the Circuit Court's decision.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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