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May 6, 2010
ADMINISTRATIVE LAW, CIVIL PROCEDURE, CLASS ACTIONS, FAMILY LAW, GOVERNMENT LAW City of N.Y. v. Maul, No. 65 In an action concerning the alleged failures of the New York City Administration for Children’s Services (ACS) and the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) to fulfill their statutory and regulatory duties with respect to certain children in ACS’s foster care system, the appellate division’s order affirming the trial court’s order certifying a class is affirmed where the appellate division identified four common allegations that transcended and predominated over any individual matters, which tended to establish a de facto policy followed by ACS of delaying the receipt of services as a result of its practices.
CIVIL RIGHTS, LABOR & EMPLOYMENT LAW Zakrzewska v. The New School, No. 62 In an action asserting claims for sexual harassment and retaliation under the New York City Human Rights Law (NYCHRL), in which the Second Circuit certified to the Court of Appeals the question of whether the affirmative defense to employer liability articulated in Faragher v City of Boca Raton, 524 US 775 (1998) and Burlington Industries, Inc. v Ellerth, 524 US 742 (1998) applied to sexual harassment and retaliation claims under section 8-107 of the New York City Administrative Code, the court responded in the negative where subdivision 13 of section 8-107 of the NYCHRL created an interrelated set of provisions to govern an employer’s liability for an employee’s unlawful discriminatory conduct in the workplace, and this legislative scheme simply did not match up with the Faragher-Ellerth defense.
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