New Yorks highest court has been asked by a federal appeals panel to decide whether a sex harassment and retaliation claim against an employer filed under New York City law can go forward in light of U.S. Supreme Court decisions that appear to create an affirmative defense under federal law against such actions.
A panel of the U.S. Court of Appeals for the Second Circuit ruled unanimously in a per curiam decision that it could not determine, without guidance from the New York Court of Appeals, the extent of liability of the New School in Manhattan and one of its employees in a suit brought by a former student under New York City Administrative Code §8-107(13)(b).
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