A unanimous panel of the Appellate Division, First Department, overruled a trial court judge and dismissed race-based discriminatory discharge and retaliation claims in favor of our client. The decision came despite what the appeals court called the "plaintiff-friendly" pleading standards of New York City's Human Rights Law. Although NYC Human Rights Law is among the most liberal in the country, the bar is now set high enough, because of this decision, that cases with tenuous facts can still be dismissed before trial. This decision follows another obtained by the firm in 2011, from the same appellate court, which clarified how the City Law is applied.
Labor and Employment attorneys Richard L. Steer, Laurent S. Drogin and Tara Toevs Carolan represented the employer.
The case was highlighted in The New York Law Journal on December 9.