Dominika Zakrzewska, Respondent v. the New School, Appellant, Defendant

Summary

The New York Court of Appeals answered a certified question from the Second Circuit, holding that the Faragher‑Ellerth affirmative defense does not apply to sexual harassment or retaliation claims brought under New York City Human Rights Law § 8‑107. Accordingly, the district court's denial of summary judgment was affirmed.