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In a seminal opinion by the New York Appellate Division First Department, the court in Bennett v Health Mgt. Sys., Inc. held that unlike claims under the federal or state anti-discrimination laws, evidence that an employer’s stated reasons for taking adverse action against an employee, if shown to be false, misleading, or incomplete, are sufficient,…

Read More Evidence That Employer’s Reason for Adverse Employment Action is False, Misleading, or Incomplete May Be Sufficient on its Own to Deny Summary Judgment in New York City Human Rights Law Claims, Court Says

The New York State Appellate Division, First Department affirmed summary judgment for the employer in Anonymous v Mount Sinai Hosp. on the employee’s disability discrimination claims brought under the New York City Human Rights Law. The court determined that the employee failed to demonstrate their employer was aware that the employee was disabled, as part…

Read More Doctor’s Letter Must State More Than Unspecified “Symptoms” to Put Employer on Notice of Disability Under New York City Human Rights Claim, Court Says

In Weiss v. JPMorgan Chase & Company, the United States District Court for the Southern District of New York held that the causation standard under the New York City Human Rights Law differs from that of the federal Age Discrimination in Employment Act, stating as follows: “The causation standards for Weiss’ age discrimination claims under…

Read More Unlike Claims of Age Discrimination Under the Federal ADEA, Mixed-Motive Causation Standard Applies to Claims Brought Under New York City Human Rights Law, Court Says

The New York Court of Appeals, the highest court in the State of New York, held in Jacobsen v New York City Health & Hosps. Corp. that any “impairment” constitutes a disability under City HRL, and the burden is on employer, not employee, to show unavailability of accommodation and to show accommodation would pose an…

Read More Failure to Engage in Interactive Process Forecloses Summary Judgment for Employer Under New York City Human Rights Law Claims, Court Says

New York’s highest court, the New York Court of Appeals held in Hoffman v Parade Publs. that a person residing outside New York City may bring a claim under the New York City Human Rights Law if the impact of the claim was felt within New York City. The court held as follows: We hold…

Read More Employees Residing Outside New York City May Bring New York City Human Rights Law Claims, Court Says

The New York Court of Appeals in Chauca v Abraham held that the jury may award punitive damages in claims against an employer brought under the New York City Human Rights Law even absent a showing that the employer demonstrated malice or awareness that they were violating the law. This standard represents a lower degree…

Read More Punitive Damages Available in Claims Brought Under New York City Human Rights Law Even if Employer Lacks of Malice or Awareness of Violation, Court Says

New York’s highest court–the New York Court of Appeals–held in Zakrzewska v New School that the Faragher-Ellerth defense does not apply to claims brought under the New York City Human Rights Law. The Faragher-Ellerth defense provides as follows: “an employer is not liable under Title VII for sexual harassment committed by a supervisory employee if it sustains the…

Read More Faragher-Ellerth Defense Does Not Apply to Claims Brought Under the New York City Human Rights Law, Court Says