2nd Circ. Asks NY High Court To Mull Defense Query

Law360, New York (July 28, 2009, 4:21 PM EDT) -- A federal appeals court has asked New York's highest court to consider whether an affirmative defense related to Title VII also applies to sexual harassment and retaliation claims under New York City's anti-discrimination laws in a harassment case against The New School.

In an opinion issued Monday, the U.S. Court of Appeals for the Second Circuit certified the question to the New York Court of Appeals, noting “the absence of authoritative state court decisions, the importance of the issue to the state and the capacity of...
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