Employee failed to link his termination to his religion rather than his noncompliance with New York City's vaccine mandate

Supreme Court granted New York City's motion to dismiss the Plaintiff's [Employee] unlawful discrimination complaint and denied Employee's cross-motion to compel discovery as moot. The Appellate Division unanimously affirmed the Supreme Court's decision, noting that "Supreme Court properly dismissed the complaint as against defendant New York City Police Department, which is a non-suable agency of the City", citing Troy v City of New York, 160 AD3d 410.

Addressing the merits of the Employee's complaint, the Appellate Division said "Plaintiff failed to allege any nonconclusory facts linking his termination to his religion rather than his noncompliance with the [New York City's] vaccine mandate" as he cited no nexus to a religious prohibition against vaccination.

The Court also observed that Employee failed to establish he suffered "constructive discharge" as "he advanced no nonconclusory facts that the Employer deliberately created working conditions so intolerable, difficult or unpleasant that a reasonable person would have felt compelled to resign".

With respect to Employee's alleged "lack of cooperative dialogue" claim, the Appellate Division noted that Supreme Court had properly dismissed that contention as Employee had "availed himself of the approved appeals process and failed to establish how it fell short of the New York State or New York City Human Rights Law."

The Appellate Division also noted that Employee's "Free Exercise claim fails, as there is no private right of action to recover damages for state constitutional violations where alternative remedies exist".

Click HERE to access the Appellate Division's decision posted on the Internet.

Selected Internet blog posts for the week ending May 29, 2026

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Preventing Outbound Email Data Loss Across the Public Sector Learn how behavioral AI and adaptive email security help public sector organizations prevent misdirected emails and data loss.  WATCH NOW

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Proposed State-CSEA agreement would cover more than 55,000 employees of the State of New York

On May 29, 2026, Governor Kathy Hochul reported that her administration has reached a contract agreement with the Civil Service Employee Association (CSEA) for a five-year term running until April 1, 2031. The agreement is subject to ratification by union membership, which includes more than 55,000 New York State employees in a wide variety of roles.

CSEA President Mary E. Sullivan said, “We applaud Governor Hochul’s recognition of the hard work CSEA members provide to the state every day through this fair contract. This agreement delivers meaningful wage increases and helps address affordability challenges working people are facing.”

The agreement includes increases in salary for employees in each year of the agreement. 

The agreement also includes paid prenatal leave, increases in location pay and health insurance changes that reduce costs for employees by eliminating certain co-pays and minimizing reliance on out of network providers.

CSEA represents New York State employees in four collective bargaining units and the proposed contract agreement must be ratified by CSEA rank and file members.