December 17, 2021

The doctrine of res judicata prohibit a petitioner litigating an issue that could have been brought in an earlier proceeding

Citing Matter of Hunter, 4 NY3d 260 the Appellate Division opined that Plaintiff's claims for gender discrimination, hostile work environment, and retaliation under the New York State Human Rights Law [Executive Law §296] and New York City Human Rights Law [Administrative Code of the City of New York §8-107] were precluded in the instant action by the doctrine of res judicata because those claims could have been brought in her prior federal action, which alleged gender discrimination under 42 USC §1983. In addition, the Appellate Division noted that Plaintiff acknowledged  that her claim for disability discrimination is barred by the election of remedies doctrine, as she elected to first file a New York State Division of Human Rights complaint alleging disability discrimination.

Click HEREto access the Appellate Division's ruling in this action.

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