Question of whether the Faragher-Ellerth affirmative defense to employer liability applies to sexual harassment and retaliation claims under the New York City Human Rights Law is certified to the New York Court of Appeals where the issue was appropriate for certification because of the absence of authoritative state court decisions, the importance of the issue to the state, and the capacity of certification to resolve this litigation.
Appeal from the United States District Court for the United States District Court for the Southern District of New York.
Submitted: June 16, 2009
Question Certified: July 27, 2009
Before: WINTER, CABRANES, and HALL, Circuit Judges.
Per Curium Opinion