Griffin v. Sirva Inc., No. 15-1307 (2d Cir. 2016)Annotate this Case
Plaintiffs, two former employees of Astro, filed suit against Astro, Allied, and Sirva, alleging violations of the New York State Human Rights Law (NYSHRL), N.Y. Exec. 296(15). The court noted that this case presents the following three questions that the New York Court of Appeals has not had the opportunity to address and thus the court certified to the New York State Court of Appeals: First, does Section 296(15) limit liability for unlawful denial of employment only to the aggrieved party’s “employer”? Second, if Section 296(15) is limited in that way, how should courts determine whether an entity is the aggrieved party’s “employer” for the purposes of a claim under Section 296(15)? Third, does the “aiding and abetting” liability provision of the NYSHRL, Section 296(6), apply to Section 296(15) such that a non‐employer may be liable under Section 296(15) as an aider and abettor of an employer’s unlawful denial of employment?