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In an important victory for victims of discrimination in New York City, Judge Deborah A. Batts of the U.S. District Court, Southern District of New York, issued a decision acknowledging that the New York City Human Rights Law is to be construed independently of Title VII. Judge Batts’ decision was entered on December 20, 2007, in the case Selmanovic v. New York Stock Exchange, Inc.
The Court specifically referred to the language in New York City Human Rights Law, added in 2005, which states that the law “shall be construed liberally for the accomplishment of the uniquely broad and remedial purposes thereof, regardless of whether federal or New York State civil and human rights laws … have been so construed.” New York City Admin. Code, Section 8-130.
The 2005 Amendments to the New York City Human Rights law were designed, in part, to preclude courts from applying the standards applicable to the more restrictive federal law to cases brought under the local law. The difference between the two laws is significant, and victims of discrimination were too often subjected to an inappropriately restrictive and conservative standard.
Judge Batts specifically notes that the New York City Human Rights Law has a less restrictive standard in addressing claims for retaliation. This is just one of many areas on which New York’s local law is more protective than federal law.
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