Read Zakrzewska v. The New School, 62

In an action asserting claims for sexual harassment and retaliation under the New York City Human Rights Law (NYCHRL), in which the Second Circuit certified to the Court of Appeals the question of whether the affirmative defense to employer liability articulated in Faragher v City of Boca Raton, 524 US 775 (1998) and Burlington Industries, Inc. v Ellerth, 524 US 742 (1998) applied to sexual harassment and retaliation claims under section 8-107 of the New York City Administrative Code, the court responded in the negative where subdivision 13 of section 8-107 of the NYCHRL created an interrelated set of provisions to govern an employer's liability for an employee's unlawful discriminatory conduct in the workplace, and this legislative scheme simply did not match up with the Faragher-Ellerth defense.

Appellate Information

• Decided 05/06/2010
• Published 05/06/2010

Court

• Court of Appeals of New York

Counsel