58 F.4th 64
2d Cir.2023Background
- Plaintiff Nafeesa Syeed worked for Bloomberg in Dubai, later in its Washington, D.C. bureau, and applied for multiple New York City reporting positions (including a U.N. post) that she alleges were denied on discriminatory grounds.
- Bloomberg’s Editorial Management Committee, which controls hiring, operates from Bloomberg’s New York City headquarters.
- Syeed (a California resident at filing) sued Bloomberg in New York state court asserting NYSHRL and NYCHRL class and individual claims, including failure-to-promote to New York positions; the case was removed to federal court.
- The district court granted a Rule 12(b)(6) dismissal of Syeed’s failure-to-promote claims, concluding a nonresident not employed in New York cannot satisfy the NYSHRL/NYCHRL "impact" requirement merely by alleging denial of a New York-based job.
- On appeal, the Second Circuit concluded the precise question is unsettled under New York law and reserved decision, certifying the question to the New York Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a nonresident not employed in NY can satisfy the NYCHRL/NYSHRL "impact" requirement by pleading and proving she was denied a NY-based job on discriminatory grounds | Syeed: Denial of a NY job opportunity has sufficient impact in NY to state a claim under NYCHRL/NYSHRL | Bloomberg: Impact requires that the plaintiff be a NY resident or be employed in NY at the time; mere denial of a prospective NY job is insufficient | Second Circuit reserved decision and certified the question to the NY Court of Appeals for authoritative resolution |
Key Cases Cited
- Hoffman v. Parade Publications, 15 N.Y.3d 285 (N.Y. 2010) (NY Court of Appeals: nonresidents must plead and prove alleged discriminatory conduct had impact within NY; involved termination)
- Pakniat v. Moor, 145 N.Y.S.3d 30 (1st Dep’t 2021) (Appellate Division applied impact requirement and found nonresident plaintiff failed to allege any NY impact)
- Kuhne v. Cohen & Slamowitz, LLP, 579 F.3d 189 (2d Cir. 2009) (Second Circuit may certify questions to state court sua sponte)
- O’Mara v. Town of Wappinger, 485 F.3d 693 (2d Cir. 2007) (sets factors guiding certification to state courts)
- Ortiz v. Ciox Health LLC, 961 F.3d 155 (2d Cir. 2020) (discusses when to certify unsettled state-law questions)
- CFTC v. Walsh, 618 F.3d 218 (2d Cir. 2010) (certification appropriate where insufficient state precedent)
- Makinen v. City of New York, 857 F.3d 491 (2d Cir. 2017) (discusses NYCHRL’s liberal-construction mandate after municipal amendments)