New York’s Anti-Discrimination Laws Protect Out-of-State Job Applicants

On March 14, 2024, the New York Court of Appeals ruled that the New York State and City Human Rights Laws protect out-of-state job applicants from discrimination.

The case, Syeed v. Bloomberg L.P., addressed whether an individual who does not live or work in New York — but who applies for employment there — can sue based on an alleged discriminatory failure to hire or promote.  The Court of Appeals concluded that if a nonresident applies for a specific job located in the State or City of New York, then they are protected by New York’s anti-discrimination laws — the New York State and City Human Rights Laws — because the alleged discrimination has an “impact” within New York.  The “impact” is that the applicant is cut off from pursuing that particular employment in New York.

The Syeed case is significant, because it shows the limits of the “impact” rule, which was established in a prior Court of Appeals decision: Hoffman v. Parade Publications.  In Hoffman, the Court of Appeals held that an out-of-state employee (Hoffman), who worked on a day-to-day basis in Atlanta, could not sue his New York City-based employer (Parade Publications) for firing him for allegedly discriminatory reasons. In that case, Hoffman’s termination had no “impact” in New York.  Instead, the “impact” was in Atlanta, so New York’s State and City Human Rights Laws did not apply.

Additional Resources

The decision in Syeed v. Bloomberg L.P., 41 N.Y.3d 446, 235 N.E.3d 351 (2024) is available here.

The decision in Hoffman v. Parade Publications, 15 N.Y.3d 285, 933 N.E.2d 744 (2010) is available here.

Special Note

Shehan Legal, PLLC is proud to have appeared “on brief” in the Syeed case on behalf of Amicus Curiae NELA/NY, which is the New York local affiliate of the National Employment Lawyers Association.

Questions

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