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.