Defenses to Employment Claims
(NY)

Summary

This template is a list of defenses to employment claims that enumerates common defenses and affirmative defenses that New York employers may plead in their answers to complaints that assert equal employment opportunity (EEO), wage and hour, and/or class and collective action claims. It is intended for private employers. This template's language has been customized to comply with New York and federal law. As a result, the text of this template differs from the non-jurisdictional Defenses to Employment Claims template. The drafting notes and alternate clause address issues under both New York and federal law. They do not address local or municipal laws. For more information on defending against EEO claims, see Employment Discrimination Litigation: Defending Single-Plaintiff Cases, Defenses to EEO Claims: Key Considerations and New York State Human Rights Law (NYSHRL). This note does not address city laws. For more information on defending against EEO claims in New York City, see New York City Human Rights Law (NYCHRL). For additional information on responding to wage and hour class or collective action claims, see Answers, Motions to Dismiss, and Other Potential Responses to Wage and Hour Class and Collective Action Complaints.