In response to two New York appellate cases decided in recent years regarding employee sexual harassment and discrimination claims, employers may wish to re-evaluate the effectiveness of and modify their anti-discrimination policies and procedures. Of particular concern should be the essentially zero tolerance policy that New York courts have endorsed.
New York City has departed from the federal and state standards for establishing sexual harassment claims and created its own rules. In two seminal cases, Williams v. New York City Housing Authority1 and Zakrzewska v. The New School,2 the courts have held that the New York City Human Rights Law (NYCHRL) is broader than Title VII of the Civil Rights Act of 1964 (Title VII) and the New York State Human Rights Law (NYSHRL), thus establishing a far lower standard in order for employees to prevail in sexual harassment suits and eliminating a key legal defense for employers facing such employee claims.
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