Second Circuit blocks marital status discrimination action

New York employers need to know about a recent employment law decision by the U.S. Court of Appeals for the Second Circuit, the federal appellate court that has jurisdiction over the U.S. District Courts in New York, Connecticut, and Vermont. An executive producer for a television show filed suit in the U.S. District Court for the Southern District of New York alleging marital status discrimination in violation of the New York City Human Rights Law (NYCHRL). The case made its way to the Second Circuit, which cited case law under the New York State Human Rights Law (NYSHRL) in reaching its holding. Accordingly, this ruling is of interest to employers throughout New York State.

Fired producer files suit

Kevin Hunter—who had worked as executive producer of television’s The Wendy Williams Show and was Wendy Williams’ husband at the time—was fired after being served with a notice that Williams was filing for divorce. He sued his former employer, television syndication company Debmar-Mercury LLC, alleging that his discharge violated the prohibition against marital status discrimination in the NYCHRL.

Debmar-Mercury asked the court to dismiss the complaint, arguing that the NYCHRL didn’t cover discrimination based on an employee’s marital status in relation to a specific person. The district court denied the employer’s request, however, concluding that the NYCHRL reached Hunter’s claims.

Second Circuit weighs in