The New York City Human Rights Law (NYCHRL) applies to most public and private employers in the city. In some circumstances, another statute might preclude a sexual harassment claim against a public employer, such as a government agency. A currently-pending sexual harassment lawsuit involves claims against a public transportation authority, which was established by state law, and its subsidiaries. Jenkins, et al v. N.Y.C. Tr. Auth., et al, No. 153761/2013, complaint (N.Y. Sup. Ct., N.Y. Cty., Apr. 25, 2013). The defendants moved to dismiss the complaint on the ground that state law precluded lawsuits under the NYCHRL. The court found that, while another public transportation authority in New York is exempted from suit, this exemption does not apply to all similar authorities.
The principle of sovereign immunity holds that government agencies are immune from suit when not expressly allowed by statute or agreement. The NYCHRL expressly permits lawsuits against public employers in the city. N.Y.C. Admin. Code § 8-401. The statute defines “employer” as any individual, business, or organization with “four [or more] persons in his or her employ,” id. at § 8-102(5), and it does not make a distinction between public and private employees. Sex discrimination, including sexual harassment, constitutes an “unlawful discriminatory practice” under the NYCHRL, id. at § 8-107(1)(a).
The Metropolitan Transportation Authority (MTA) is a public benefit corporation created by state law to administer a district that includes the five counties comprising New York City, the other two counties of Long Island, and Dutchess, Orange, Putnam, Rockland, and Westchester Counties. N.Y. Pub. Auth. L. §§ 1262, 1263. Its subsidiary, the New York City Transit Authority (NYCTA), oversees public transportation for the city. The NYCTA is further subdivided to manage subway, bus, and rail systems.