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Zakrzewska v. New School

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Submitted: June 16, 2009

Before: WINTER, CABRANES, and HALL, Circuit Judges.

We previously certified to the New York Court of Appeals the question of whether the affirmative defense to employer liability articulated in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) applies to sexual harassment and retaliation claims under New York City Administrative [Code] Section 8-107. See Zakrzewska v. The New School, 574 F.3d 24 (2d Cir. 2009). The New York Court of Appeals has answered our certified question in the negative. We now review the January 26, 2009 order of the United States District Court for the Southern District of New York (Lewis A. Kaplan, Judge) denying the motion for summary judgment of defendant The New School (“the School”).*fn1

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