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Working in NYC? Following state, federal laws won’t cut it

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For most New York employers, complying with Title VII means they’re also in compliance with the New York State Human Rights Law (NYSHRL). Courts typically lump the claims together.

That’s not necessarily true if you operate in New York City.

Recent case: Sanela Kolenovic sued her employer, alleging violations of Title VII, NYSHRL and New York City Human Rights Law (NYCHRL). The trial court lumped all three laws together when it dismissed her claims.

She appealed, arguing that New York City passed the Local Civil Rights Restoration Act, in 2005, to guarantee that discrimination claims under NYCHRL would be considered separately.

The 2nd Circuit Court of Appeals agreed, noting that for New York City employers, state and federal rules are “the floor below which” discrimination protection can’t fall. (Kolenovic v. ABM Industries, No. 09-0601, 2nd Cir., 2010)

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