NY Employment Law Trends: Nonresident Discrimination
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. 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.
Background: The “Impact Test” and New York Anti-Discrimination Laws
Previously, 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.
The NYS Court of Appeals’ Syeed decision revisits this standard. Here, the Court determined that being denied a job opportunity in New York – even for an applicant who doesn’t currently live in the state – 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.”
Review a summary of Syeed v. Bloomberg here.
Implications for NYS employers, especially those not subject to federal anti-discrimination laws
This 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:
- Expanded Pool of Potential Claims: The Syeed decision widens the pool of potential claimants who now may be able to allege discrimination claims against potential employers. Hiring managers must have a valid, non-discriminatory reason for selecting or not selecting applicants for a particular position.
- Importance of Applicant Hiring and Interview Training: Regularly reinforcing anti-discrimination training for all personnel involved in hiring is crucial. This training should address appropriate job application and interview questions for applicants to ensure everyone involved understands how even simple questioning concerning an applicant’s family status, graduation dates, or time gaps in their resume may give rise to an inference of unlawful discrimination.
- Considerations for Remote Work: The Court currently limits its decision to positions that require physical presence in New York. However, employers with remote work opportunities should consult with employment law attorneys to stay updated on any further developments.
Staying Compliant with Employment Law Trends
The Syeed decision highlights the importance of staying informed about evolving employment law trends. At Bleakley Platt & Schmidt, LLP, our experienced employment discrimination attorneys can help your business with these complexities. We offer comprehensive guidance on hiring practices, compliance training, and legal representation against discrimination claims.
For further guidance or to discuss your specific situation, contact our employment law team today.