Nassau County Discrimination Law Does Not Provide a Private Right of Action, Court Holds

In Amaro v. Northwell Health, Inc., No. 513525/2019, 2020 WL 1275597 (N.Y. Sup. Kings County March 9, 2020), the court dismissed plaintiff’s claim of employment discrimination (based on sexual orientation) asserted under Nassau County Local Law 7-2004 Title C-2 § 21-9.8, on the ground that that statute does not provide a private right of action.
The court agreed, explaining:
Under Nassau County Local Law 7-2004 Title C-2 § 21-9.8, it is an unlawful discriminatory practice “[f]or an employer…to discharge from employment… any individual… because of the… sexual orientation of any such individual.” However, Nassau County Local Law 7-2004 Title C-2 § 21-9.9, entitled “Enforcement,” creates a duty for the Nassau County Commissioner on Human Rights “to receive and investigate complaints” and authorizes the Nassau County Attorney “to obtain enforcement of the provisions of this title.” Nassau County Local Law 7-2004 Title C-2 does not provide a private right of action.
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