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Appeals court to lower courts: Consider NYC claims separately

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in Discrimination and Harassment,Human Resources

Do you have employees in New York City? If so, different and more stringent rules apply to your HR practices. It isn’t enough to get federal discrimination claims dismissed. Trial courts have to consider city claims separately.

Recent case: Ruben Vargas, a His­­panic man of Puerto Rican de­­scent, claimed he was terminated as head of a sales group at Morgan Stanley because of his race or national origin.

He sued under federal law and the New York City Civil Rights Restoration Act. The lower court dismissed his case, which was based on comments about Vargas’ grooming.

But the 2nd Circuit reversed, writing that the lower court had to consider the city claims separately. (Vargas v. Morgan Stanley, No. 10-4043, 2nd Cir., 2011)

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