Alerts

New York City Employers Are Subject to Strict Liability for Supervisors’ Unlawful Discriminatory Conduct, Court Rules

June 11, 2010

New York City employers cannot rely on the affirmative defense, available under federal and state law for claims of sexual harassment and retaliation by a supervisor, which shields employers from liability when the employer exercises reasonable care to prevent and correct any discriminatory action and when the employee fails to take advantage of established complaint procedures. The New York Court of Appeals held on May 6, 2010, in Zakrzewska v. The New School, No. 09-0611-CV, 2010 WL 1791091 (May 6, 2010), that the New York City Human Rights Law (“NYCHRL”) imposes strict liability on an employer for unlawful discriminatory practices engaged in by an employee or agent who exercises managerial or supervisory responsibility.