By order entered August 30, 2016, the United States Court of Appeals for the Second Circuit certified the following questions to this Court:
"(1) Does Section 296(15) of the New York State Human Rights Law, prohibiting discrimination in employment on the basis of a criminal conviction, limit liability to an aggrieved party's 'employer'?
(2) If Section 295(15) is limited to an aggrieved party's 'employer,' what is the scope of the term 'employer' for these purposes, i.e. does it include an employer who is not the aggrieved party's 'direct employer,' but who, through an agency relationship or other means, exercises a significant level of control over the discrimination policies and practices of the aggrieved party's 'direct employer'?
(3) Does Section 296(6) of the New York State Human Rights Law, providing for aiding and abetting liability, apply to §296(15) such that an out-of-state principal corporation that requires its New York State agent to discriminate in employment on the basis of a criminal conviction may be held liable for the employer's violation of §296(15)?"
On September 20, 2016, the Court accepted the certified questions and set a briefing schedule.