Click HERE to access the Appellate Division's decision.
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
February 18, 2022
Court dismisses petitioner's human rights complaint for failure to show a "triable issue of fact"
The Appellate Division held that a New York State public employer met its prima facie burden of showing that there were no triable issues of fact that would support plaintiff's petition alleging age discrimination within the meaning of the New York City Human Rights Law (Administrative Code of City of NY §8-107[1][a]) or the New York State Human Rights Law (Executive Law §296[1][a]), as there was no indication that the employer's actions concerning plaintiff's continued employment at the employer's facility were motivated by plaintiff's age.