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January 30, 2009
Look for interpretive guidance
A recent New York Appellate Division opinion discussion on the New York Public Personnel Law blog is a reminder to check for applicable interpretive guidance in regulations themselves or in their enabling statutes. "NYC's Administrative Code requires court to apply "more stringent requirements" in adjudicating civil rights law allegations". In this case, the regulation itself provided that:
The provisions of this title shall be construed liberally for the accomplishment of the uniquely broad and remedial purposes thereof, regardless of whether federal or New York State civil and human rights laws, including those laws with provisions comparably-worded to provisions of this title, have been so construed.
Provisions like this can be sneaky. EMM
January 30, 2009 in Practitioner Concerns | Permalink
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