United States Second Circuit

Question of whether the Faragher-Ellerth affirmative defense to employer liability applies to sexual harassment and retaliation claims under the New York City Human Rights Law is certified to the New York Court of Appeals where the issue was appropriate for certification because of the absence of authoritative state court decisions, the importance of the issue to the state, and the capacity of certification to resolve this litigation.

Appellate Information

• Decided 07/27/2009
• Published 07/27/2009

Judges

• PER CURIAM:, Before:  WINTER, CABRANES, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jason L. Solotaroff, Giscan Solotaroff Anderson & Stewart LLP, New York, NY, for Plaintiff-Appellee., Thomas S. D'Antonio, Ward Norris Heller & Reidy, LLP, Rochester, NY, for Defendant-Appellant.