Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistLJN NewslettersNewsSections

Which State's Anti-Discrimination Law Applies?

By William C. Martucci and Jennifer K. Oldvader
November 15, 2011

For today's multistate employer, it is rare to see a set of case facts that touches on only one jurisdiction. Take the example set by a 2010 age discrimination case out of New York. In Hoffman v. Parade Publications, the plaintiff worked and resided in Georgia; the decision to end his employment was made in New York at the defendant's New York headquarters, and he received news of his termination while in West Virginia. Such a factual scenario begs the question: Which state's law applies? Is it the law of the state where the allegedly discriminatory decision is made? Where the company is headquartered? Or the law of the state where the impact of any allegedly discriminatory decision is felt (generally, where the plaintiff resides)?

This article addresses recent case law on this issue, ending with an analysis of the New York Court of Appeals' decision in Hoffman. It concludes that the application of a state's laws beyond its borders conflicts with the longstanding and well-accepted principle that a state's law should only be given effect within its boundaries. Therefore, states should not extend their anti-discrimination statutes to those working outside their borders unless the employee can plead and prove that the alleged discrimination had an actual impact within the jurisdiction.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.