In a victory for employers, the New York Court of Appeals has limited the reach of both the New York state and New York City human rights laws.
The issue arose when Manhattan-based Parade magazine terminated Howard Hoffman, the managing director of a Parade Publications group that coordinated operations with 10 newspapers across the South, where Hoffman was based.
He claimed he was fired because of his age in violation of the New York State Human Rights Law and the New York City Human Rights Law. He argued that, because the firing decision was made in New York and because he had been required to attend quarterly staff meetings in New York, the case fell under New York jurisdiction.
Parade moved to dismiss the case and a New York court agreed, citing the lack of jurisdiction.
Hoffman appealed and the appellate division reversed the decision, ruling that because the firing decision was made in New York, the case could move forward.
Parade appealed that decision to the Court of Appeals, which said the original court had it right when it ruled plaintiffs must show that discrimination must have an adverse effect in New York in order for victims to claim New York jurisdiction.
Note: The ruling will help limit the practice of venue shopping, in which plaintiffs seek the set of laws most favorable to them.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/12254/appeals-court-limits-reach-of-ny-human-rights-laws "
- Fired disabled worker receives $40K from American Apparel
- Is there a 'cooling off' period for layoffs?
- Feel free to fire! There's no reason you have to tolerate threatening behavior
- Fired sales rep did not return our iPad! Can we deduct its value from his last check?
- Obesity discrimination is common — and against the law