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Federal District Court: Location of Employment Governs Applicable Law

Where an employee works outside the jurisdiction where the decision-maker is located, which location’s law applies?  A recent decision by a New York federal court in Amaya v. Ballyshear LLC confirms that a key factor is the location of the impact of the alleged discriminatory conduct.  In Amaya, plaintiff worked outside the City of New York, but sought to assert claims under the far more protective New York City Human Rights Law (CHRL).  Nevertheless, she claimed to have four significant connections that would allow her to sue under the CHRL:  (1) the decisions to hire and fire her took place at the employer’s City office; (2) she attended meetings in the City office; (3) she interacted frequently via telephone with supervisors in the City, who monitored her; and, (4) she “could have” been asked to work at a City location as a requirement of her job.  The Court rejected all of these arguments, holding that one must look to the location where the impact on the terms and conditions of employment is felt, not where the discriminatory acts were decided or took place.

Jackson Lewis P.C. © 2020National Law Review, Volume IX, Number 30


About this Author

Diane Krebs, Jackson lewis Employment lawyer
Of Counsel

Diane Krebs is Of Counsel in the Long Island, New York, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

Ms. Krebs has extensive experience in civil rights and labor and employment matters, including discrimination, harassment, retaliation, wrongful termination, defamation, civil service, equal pay, and wage and hour claims. Ms. Krebs represents companies, large and small, public and private, in labor and employment litigation before federal, state and local courts...