A recent decision by New York State’s highest court provides a reminder to New York City employers of the robust provisions of the New York City Human Rights Law (NYCHRL) that make this legislation more rigorous than its federal counterpart, Title VII. Albunio v. City of New York, 947 N.E.2d 135 (N.Y. 2011), does not, in and of itself, establish any new standards for civil rights enforcement in New York City, but it provides a striking example of how employers should expect courts to interpret the broad scope of the NYCHRL’s protections against retaliatory conduct.

The Restoration Act

The NYCHRL is the local law in New York City that, inter alia, protects employees from discrimination in the workplace. It includes an anti-retaliation provision. In 2005, the City Council enacted the Local Civil Rights Restoration Act in order “‘to clarify the scope of the [NYCHRL],’ which, the Council found ‘[had] been construed too narrowly to ensure protection of the civil rights of all persons covered by the law.’” Albunio at 137, quoting 2005 N.Y.C. Local Law. No. 85, §1. Most notably, the Restoration Act amended part of the NYCHRL, Administrative Code §8-130, to read, “‘The provisions of this title 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, including those with provisions comparably-worded to provisions of this title, have been so construed.’” Albunio at 137.

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