Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Tuesday, September 1, 2009

The Importance Of State And Local Employment Law

The New York Civil Rights Restoration Act Grows Teeth is an important-very important July/August article from the New York State Bar Journal by attorneys Jyotin Hamid, Mary Beth Hogan and Alison Page. As readers of this blog all know, I regularly discuss the importance of state and local labor law and how state and local law may differ from federal law. This article is about just that.
As the article explains, New York's Local Law which outlaws discrimination in NYC is much more pro plaintiff friendly than federal law. The definitions of sexual harassment, for example, are more liberal under New York Law. As the article states:

The protections afforded employees under the New
York City Human Rights Law (NYCHRL) are more
expansive than those provided under analogous
provisions of Title VII of the Civil Rights Act of 1964. Most
employers in New York City (“City”) have long understood
that. Compared to Title VII, the NYCHRL covers a
wider range of employers, prohibits discrimination based
on a lengthier list of protected characteristics, imposes no
cap on compensatory and punitive damages, and does
not require exhaustion of administrative remedies before
commencing a lawsuit. But New York City employers
must now understand that even with respect to provisions
of the City law that are identical to or substantially
the same as analogous provisions of federal law, the City
law may be interpreted more expansively.

Mitchell H. Rubinstein

September 1, 2009 in Articles, Corporate Counsel, Employment Discrimination, Employment Law | Permalink | Comments (0) | TrackBack (0)