Faragher-Ellerth Defense Does Not Apply to Claims Brought Under the New York City Human Rights Law, Court Says

New York's highest court--the New York Court of Appeals--held in Zakrzewska v New School that the Faragher-Ellerth defense does not apply to claims brought under the New York City Human Rights Law. The Faragher-Ellerth defense provides as follows: "an employer is not liable under Title VII for sexual harassment committed by a supervisory employee if it sustains the burden of proving that (1) no tangible employment action such as discharge, demotion, or undesirable reassignment was taken as part of the alleged harassment, (2) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (3) the plaintiff employee unreasonably failed to take advantage of any preventive or [*2]corrective opportunities provided by the employer or to avoid harm otherwise" Instead, the…

Comments Off on Faragher-Ellerth Defense Does Not Apply to Claims Brought Under the New York City Human Rights Law, Court Says

Book a free consultation with Liszka and Gray, LLC by filling out the form below and one of our lawyers will e-mail you to arrange a time to chat shortly.