Sally Friedman , Legal Action Center, New York City ( Monica Welby of counsel), Judith M. Whiting , General Counsel, Community Service Society of New York, New York City, Law Office of Deborah H. Karpatkin, New York City ( Deborah H. Karpatkin of counsel), and Sachin S. Pandya , University of Connecticut School of Law, Hartford, Connecticut, for Legal Action Center and others, amici curiae.
Seyfarth Shaw LLP, New York City ( Courtney S. Stieber of counsel), and Seyfarth Shaw LLP, Chicago, Illinois ( Pamela Q. Devata and John W. Drury of counsel), for National Association of Professional Background Screeners, amicus curiae.
Hudson Cook, LLP, Hanover, Maryland ( Latif Zaman of counsel), and Hudson Cook, LLP, Washington, D.C. ( Jennifer L. Sarvadi and Rebecca E. Kuehn of counsel), for Consumer Data Industry Association, amicus curiae.
Daniel Gammerman , Syosset, for American Moving & Storage Association, Inc., amicus curiae.
John Ware Upton , New York City, for Erik M. Fink and others, amici curiae.
Judges STEIN, FAHEY, GARCIA and WILSON concur;
OPINION OF THE COURT
Chief JudgeDiFIORE.
The United States Court of Appeals for the Second Circuit has posed three questions regarding who may be liable under the New York State Human Rights Law. Two questions concern Executive Law (Human Rights Law) § 296 (15), which prohibits discrimination against individuals with prior criminal...
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