{"id":5197,"date":"2024-05-23T10:30:14","date_gmt":"2024-05-23T14:30:14","guid":{"rendered":"https:\/\/bpslaw.com\/staging-site\/?p=5197"},"modified":"2024-06-20T10:36:32","modified_gmt":"2024-06-20T14:36:32","slug":"ny-employment-law-trends-nonresident-discrimination","status":"publish","type":"post","link":"https:\/\/bpslaw.com\/staging-site\/ny-employment-law-trends-nonresident-discrimination\/","title":{"rendered":"NY Employment Law Trends: Nonresident Discrimination"},"content":{"rendered":"

The New York Court of Appeals recently broadened the scope of state anti-discrimination laws. The March 2024 decision in Nafeesa Syeed v. Bloomberg L.P.<\/em> determined that non-resident job applicants can now pursue claims under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) if they allege discrimination during the hiring process.<\/p>\n

Background: The “Impact Test” and New York Anti-Discrimination Laws<\/strong>
\nPreviously, New York courts applied an “impact test” to determine whether non-resident job applicants could sue under the NYSHRL and NYCHRL. Applicants needed to show how discrimination had a significant impact on their lives in New York.<\/p>\n

The NYS Court of Appeals\u2019 Syeed<\/em> decision revisits this standard. Here, the Court determined that being denied a job opportunity in New York \u2013 even for an applicant who doesn’t currently live in the state \u2013 constitutes a sufficient impact to bring a claim. The Court reasoned that such discrimination deprives applicants of the “chance to work, and perhaps live, within those geographic areas.”<\/p>\n

Review a summary of Syeed v. Bloomberg<\/em> here.<\/a><\/p>\n

Implications for NYS employers,\u00a0especially those not subject to federal anti-discrimination laws<\/strong><\/span><\/span>
\nThis decision presents new considerations for New York employers, particularly those with robust hiring practices that attract candidates from across the country. Here’s what you need to be aware of:<\/p>\n