Where is the impact of alleged employment discrimination? That is the question when evaluating whether a remote worker can assert claims under the New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”), according to a recent decision by U.S. District Judge Edgardo Ramos. Relying on state law, Judge Ramos concluded that the basis for subject matter jurisdiction has not changed during the COVID-19 pandemic and remains grounded in New York’s “Impact Test,” meaning courts will look to where the impact of alleged discriminatory conduct was felt. Thus, regardless of whether an employer is located in New York, the anti-discrimination laws are intended to protect employees who live or work in New York.
In Shiber v. Centerview Partners, LLC, No. 21 Civ. 3649 (ER), (S.D.N.Y. Apr. 20, 2022), plaintiff began working for a company headquartered in New York City in July 2020, but due to COVID-related restrictions, she worked exclusively from her New Jersey home. Shortly thereafter, she requested an accommodation relating to a medical condition but was subsequently terminated based on the employer’s assessment that she was unable to perform the essential functions of the job. Plaintiff filed suit in the Southern District of New York asserting claims under the NYSHRL, NYCHRL, and the New Jersey Law Against Discrimination (“NJLAD”). The court dismissed plaintiff’s NYSHRL and NYCHRL claims, finding that, notwithstanding that the employer is based in New...
A former security officer at Reno’s Peppermill Casino claims its facial recognition technology routinely misidentified customers, sometimes producing as many as 12 false matches with 100% confidenc...