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.