New York Law Watch
Employment and Discrimination
Workplace disputes and discrimination claims are grouped here, including Law Watch decisions on retaliation, whistleblowing and the state and city human rights laws.
For Employment and Discrimination, Law Watch lists 17 indexable decisions dated July 24, 2026 to November 5, 2026 across 8 decision weeks.
19 decision records: 17 meet the substance floor; 2 records are held from search listings.
The records below come from 6 courts and include both primary and secondary area classifications.
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Recent decisions
- Rosenthal v State of New York2026 NY Slip Op 06504
The court held that a whistleblower retaliation claim under Civil Service Law § 75-b may be based on a government’s passive inaction rather than affirmative misconduct, reversing the dismissal of that claim. The court affirmed the dismissal of the defamation claim as untimely and the due process claim due to the availability of adequate alternative remedies.
- Matter of Waldin v City of Cohoes2026 NY Slip Op 06501
The court affirmed the dismissal of the petition, holding that the city code’s requirement for the highest negotiated annual percentage increase did not apply to a one-time salary chart restructuring. Consequently, the petitioners were only entitled to the 4% annual increase granted to the animal control officer, not the 7.01% increase resulting from the restructuring.
- Matter of DePasquale v New York City Employees’ Retirement Sys.2026 NY Slip Op 06437
The Appellate Division affirmed the lower court’s judgment annulling the Board of Trustees’ denial of World Trade Center disability retirement benefits. The court found that the Medical Board’s determination was arbitrary and capricious because it lacked a rational basis and failed to rebut the statutory presumption of causation.
- Landry v K&A Engg. Consulting, P.C.2026 NY Slip Op 06424
The Appellate Division affirmed the lower court’s grant of summary judgment dismissing the plaintiff’s retaliation claims under Labor Law §§ 215 and 740. The court found that the defendants established that the termination was based on the plaintiff’s failure to perform his duties rather than protected activity.
- Irish v Tropical Emerald, LLC2026 NY Slip Op 06423
The plaintiff is not collaterally estopped from asserting claims under the NYSHRL and NYCHRL based on a prior federal court’s dismissal of ADA claims because the state laws require independent analysis under different legal thresholds. The federal court’s determination that barrier removal was not ‘readily achievable’ under the ADA does not preclude the plaintiff from arguing that such removal would not cause ‘undue hardship’ under the NYCHRL or NYSHRL.
- Denson v Donald J. Trump for President, Inc.2026 NY Slip Op 06197
The Appellate Division reversed the lower court’s grant of summary judgment dismissing the plaintiff’s retaliation claim, finding that the defendant’s arbitration filing raised triable issues of fact regarding whether the action was pretextual. The court determined that inconsistencies in the defendant’s stated reasons and the arbitrary nature of the damages demand allowed a jury to conclude the arbitration was motivated by retaliatory animus.
- Kocher v Mount Sinai Hosp.2026 NY Slip Op 06007
The court granted the plaintiff’s cross-motion for summary judgment on the City HRL claim for failure to engage in a cooperative dialogue, while denying both parties’ summary judgment motions on the reasonable accommodation claims under both the State and City HRLs.
- Matter of New York State Div. of Human Rights v Boston Mkt. Corp.2026 NY Slip Op 05958
The court confirmed the determination that Boston Market Corporation unlawfully discriminated against the complainant based on sex and upheld the associated damages and civil penalties. However, the court annulled the portion of the determination seeking enforcement against the individual respondent, Nicholas Foreman, because he cannot be held individually liable for the damages awarded.