In Syeed v. Bloomberg L.P., 2023 WL 350565 (2d Cir. Jan. 23, 2023), the court addressed, and certified to the New York Court of Appeals, the following question:
Whether a nonresident plaintiff not yet employed in New York City or State satisfies the NYCHRL or NYSHRL impact requirement if the plaintiff pleads and later proves that an employer deprived the plaintiff of a New York City- or State-based job opportunity on discriminatory grounds.
Applying the three factors bearing on its discretion to certify a question to the New York Court of Appeals – namely, (1) the absence of authoritative state court decisions; (2) the importance of the issue to the state; and (3) the capacity of certification to resolve the litigation – the Second Circuit held that that court was in the best position to address this question of state law.