Legal Alert: Faragher/Ellerth Affirmative Defense not Available for Claims under New York City Human Rights Law

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In another example of New York Courts expanding employee protections under the New York City Human Rights Law (NYCHRL), in Zakrzweska v. The New School, 2010 NY Slip Op. 03709 (May 6, 2010), the New York Court of Appeals has held that the familiar Faragher/Ellerth affirmative defense to Title VII claims is not available to employers seeking to defend against claims of sexual harassment or retaliation under the NYCHRL.

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