ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

March 12, 2024

Applying the appropriate law in the course of litigation

Plaintiff brought employment discrimination and retaliation claims pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., 42 U.S.C. §1981 (“Section 1981”), New York State Human Rights Law, N.Y. Executive Law, §290 et seq. (“NYSHRL”), and New York City Human Rights Law, N.Y.C. Admin. Code § 8-107 (“NYCHRL”) against her employer, her supervisor, and a coworker and officemate [Defendants].

After receiving a right-to-sue letter, she filed the instant lawsuit on January 17, 2020. The District Court ultimately granted the Defendants’ motion for summary judgment on all of Plaintiff's claims. Plaintiff appealed the District Court's ruling.

One the issues addressed by the Circuit Court of Appeals, Second Circuit, concerned the controlling law in this action.

Upon noting that New York had amended the NYSHRL in October 2019, five months after Plaintiff’s retaliation claims had accrued, and citing Majewski v. Broadalbin-Perth Central School District, 91 N.Y.2d 577, the Circuit Court said it would apply the prior version of the NYSHRL, as it was in effect when Plaintiff’s claims accrued. 

The Circuit Court explained “It is a fundamental canon of statutory construction that retroactive operation is not favored by courts and statutes will not be given such construction unless the language expressly or by necessary implication requires it.”

The Circuit Court affirmed the federal district court's ruling in part, vacated that ruling in part, and remanded the matter to the federal district court "for further proceedings".

Click HERE to access the Circuit Court's decision posted on the Internet.

 

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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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.
New York Public Personnel Law. Email: publications@nycap.rr.com