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Which State's Anti-Discrimination Law Applies?

By William C. Martucci and Jennifer K. Oldvader

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.

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