Candidates living outside of New York State and City who are applying for jobs in New York State and City may be protected under the state's and city's Human Rights laws.
The details
Background
Under New York anti-discrimination laws, an employee or applicant must show that alleged discriminatory conduct had an impact within New York State or New York City to bring certain discrimination claims (failure to hire or failure to promote).
Nonresidents who work in New York State or New York City may bring claims under the New York State Human Rights Law (NYSHRL) or the New York City Human Rights Law (NYCHRL).
It was unclear if these protections applied to candidates and employees who did not reside in either location when they applied for a role in New York State or New York City.
Recent Ruling
The New York Court of Appeals has ruled that nonresident candidates who pro-actively sought jobs based in New York State or City can bring claims under the NYSHRL or the NYCHRL.
The Court concluded that:
- Discrimination that results in a failure-to-hire or failure-to-promote in New York or New York City would personally impact an individual because that is where the individual: 1) wished to work at (or relocate to) and 2) was denied the job opportunity.
- Applying for a position based in New York or New York City entitles an individual to the protections of the NYSHRL and the NYCHRL; and
- The NYSHRL and the NYCHRL should be liberally construed to prevent employers from discriminatory hiring practices against nonresidents.
Next steps
Review hiring and promotion policies, procedures, and supervisor nondiscrimination trainings.