Coverage of Remote Employees Under NYS Human Rights Law

Earlier this month, the Second Circuit dismissed claims of discrimination under the New York State Human Rights Law (“NYSHRL”), concluding that occasional work by an otherwise remote-work employee within New York State is insufficient to render New York “the place where the impact of the alleged discriminatory conduct is felt” for purposes of coverage under the NYSHRL.  This decision highlights that some remote work from a New York location alone is unlikely to be enough to trigger coverage under the NYSHRL. Nonetheless, the risk and possibility of a claim exists, and thus all employers should be mindful of these jurisdictional issues when dealing with remote employees.