I n 2009, New York’s Appellate Division, First Department, issued three important decisions broadening employers’ liability under the New York State and City Human Rights Laws. Williams v. New York City Housing Authority1 lowered the threshold for actionable workplace harassment and retaliation under the City Human Rights Law (NYCHRL); Hoffman v. Parade Publications2 expanded application of the NYCHRL and the state Human Rights Law (NYSHRL) to cover out-of-state employees; and Phillips v. City of New York3 changed the burden of proof in disability discrimination and accommodation cases, under the NYCHRL.
We are likely to see additional expansive interpretations under the NYCHRL. Williams and Phillips are based on the local Civil Rights Restoration Act of 2005, by which the City Council voiced concern that the “City’s Human Rights Law has been construed too narrowly,”4 and underscored that “the provisions of New York City’s Human Rights Law are to be construed independently from similar or identical provisions of New York state or federal statutes.”5
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