Griffin v. Sirva, Inc.
New York Court of Appeals
29 N.Y.3d 174 (2017)
- Written by Serena Lipski, JD
Facts
Timothy Griffin and Michael Godwin worked as laborers for Astro Moving and Storage Co., Inc. (Astro) (defendant). Allied Van Lines, Inc. (Allied) (defendant) was a nationwide moving company based in Illinois, and a subsidiary of Sirva, Inc. (defendant). After Astro hired Griffin and Godwin, Astro contracted with Allied to provide moving services for Allied. The contract required criminal-background checks on any of Astro’s employees conducting business at an Allied customer’s home or place of business, and any employee with a sexual criminal conviction automatically failed. Griffin and Godwin consented to a criminal background check conducted by Silva. Both had prior criminal convictions for sexual offenses against young children, and Astro fired them both. New York State Human Rights law prohibited employers from discriminating against employees based on criminal convictions in most circumstances, and New York law also prohibited anyone from aiding and abetting such discrimination. The law also included an extraterritoriality provision applying the law to acts committed outside New York against New York residents. Griffin and Godwin filed suit against Astro, Allied, and Sirva in New York federal district court. The court granted Allied and Sirva’s motion for summary judgment, holding that Allied and Sirva were not Griffin and Godwin’s employers, and Allied and Sirva were not liable for aiding and abetting because they had not participated in the firing. Griffin and Godwin appealed, and the federal appellate court certified several questions to the New York Court of Appeals, including whether an out-of-state nonemployer could be liable for aiding and abetting discrimination against individuals with a prior criminal conviction.
Rule of Law
Issue
Holding and Reasoning (DiFiore, J.)
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