Sexual Harassment in New York City Gets a New Look
In two recent sexual harassment cases in New York, one state and one Federal, the Courts reinforced the broadening of the protection of the New York City Human Rights Law in sexual harassment cases. In Williams v. The New York City Housing Authority, 872 NYS2d 27 (1st Dept. 2009) and Zarkzewska v. The New School, 06 Civ. 5463 (LAK), the Courts addressed The Restoration Act of 2005 amendments to the New York City Human Rights Law, which refer to the Act’s “uniquely broad and remedial purposes.”
In Williams, the Court determined that under the New York City Human Rights Law, a sexual harassment case should not be analyzed under the traditional framework set forth by the Federal courts in determining what is actionable harassment. Further, the Court noted that the classification of conduct as “severe and pervasive” does not apply to claims brought under the New York City Human Rights Law.
In Zarkzewska, the Court ruled that under the New York City Human Rights Law, defendants are not entitled to an affirmative defense that exists under the Federal law.
The decision in Williams is perhaps most significant because now, when analyzing a case of sexual harassment under the New York City Human Rights Law the question is not whether the conduct is severe and pervasive but rather “the primary issue for a trier of fact in harassment cases...is whether the plaintiff has proven by a preponderance of the evidence that she has been treated less well than other employees because of her gender.”
The New York City Council, by its enactment of the Restoration act of 2005, has once again established itself as a leader in the preservation of an individual’s human rights in the workplace. The Court’s interpretation of the Restoration Act has sent the clear message that sexual harassment in the workplace of any kind will not be tolerated.
