New York City Human Rights Law

Until recently, courts have applied the same analysis to claims of discrimination brought under the New York City Human Rights Law (“NYCHRL”) as they applied to claims brought under federal discrimination laws or the New York State Human Rights Law. Plaintiffs were required to establish the same elements of a discrimination claim under all three (3) sets of laws and the same defenses were available to employers under all three (3) sets of laws. However, over the past year (and most recently in early May 2010) courts have issued a number of decisions that have interpreted the NYCHLR far more broadly – and far more favorably to plaintiffs – than federal or New York State law. This new interpretation of the NYCHRL will have a profound and troubling impact on all New York City employers.