New York State’s Human Rights Law does not protect an employee from all retaliation, only from retaliation that results in an injury or harm
The Appellate Division unanimously reversed the Supreme Court’s ruling “on the law” and reinstated SDHR’s determination.
 was not forced to stay at the athletic center against her will, nor
 was she disciplined for leaving work early.
The New York State’s Human Rights Law and Title VII of the Civil Rights Act of 1964, and, in the words of the Appellate Division, "are textually similar and ultimately employ the same standards of recovery," and thus "federal case law in this area . . . proves helpful to the resolution of this appeal." The Appellate Division then pointed out that the United States Court of Appeals for the Second Circuit has opined that Title VII "does not protect an employee from all retaliation, but only retaliation that produces an injury or harm. ... and in Napierala situation there was no injury or harm."