New York Law Watch
Employment and Discrimination: 2026 decisions
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, 2026 decisions, Law Watch lists 17 indexable decisions dated July 24, 2026 to November 5, 2026 across 8 decision weeks.
18 decision records: 17 meet the substance floor; 1 record is held from search listings.
Week ending November 7, 2026
Browse the week ending November 7, 2026
- 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.
Week ending October 24, 2026
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- 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.
Week ending October 17, 2026
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- 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.
- Martinez v Hands of Hope P.T., P.C.2026 NY Slip Op 05949
The court affirmed the dismissal of the plaintiff’s claim under the New York City Human Rights Law against the employer, holding that a physical therapist assistant’s sexual assault was outside the scope of employment. The court determined that such conduct, committed for wholly personal motives, does not further the employer’s business and thus precludes vicarious liability.
Week ending October 10, 2026
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- Matter of Edholm v Board of Coop. Educ. Servs. Erie 1 BOCES2026 NY Slip Op 05882
The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the respondents had actual knowledge of the claim’s essential facts within the statutory period and would not be substantially prejudiced by the delay. The notice of claim was deemed timely served nunc pro tunc.
- Matter of Rivicci v New York City Fire Dept.2026 NY Slip Op 05792
The Appellate Division reversed the lower court’s judgment, holding that the denial of the firefighter’s request for a religious accommodation from the vaccine mandate was not arbitrary or capricious because it would cause an undue hardship. The court further determined that the City’s process satisfied the cooperative dialogue requirements of the New York City Human Rights Law.
Week ending October 3, 2026
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- Abramov v Capula Inv. US LP2026 NY Slip Op 26184
The court denied the motion to dismiss, holding that an in-house lawyer serving as a compliance officer is not categorically barred from asserting a statutory whistleblower retaliation claim under New York Labor Law § 740 due to attorney ethics rules. The court distinguished prior common law precedents by emphasizing the legislature’s clear policy favoring robust whistleblower protections and the plaintiff’s role in compliance rather than purely legal advice.
- Bourke v City of New York2026 NY Slip Op 05513
The court affirmed the dismissal of the plaintiff’s employment discrimination claims because the action was commenced almost five years after the adverse employment determination, exceeding the three-year statute of limitations. The plaintiff’s request for reconsideration did not toll the statute of limitations or allow him to circumvent the time bar.
Week ending September 26, 2026
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- Matter of Goldstein v Town of Niskayuna2026 NY Slip Op 05448
The court annulled the termination determination because the hearing officer failed to make sufficiently specific factual findings to permit meaningful review. The officer did not explain the basis for sustaining each specification of misconduct or resolve sharp factual disputes regarding the petitioner’s culpability.
Week ending September 19, 2026
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- Sierra v Mount Sinai Health Sys., Inc.2026 NY Slip Op 05336
The Appellate Division affirmed the lower court’s denial of the defendants’ motion to dismiss the disability discrimination and failure to accommodate claims. The court found that the complaint sufficiently pleaded a cause of action under the NYSHRL and NYCHRL, and the motion was properly denied because it relied on unsupported arguments outside the record.
- Matter of Salvatore v South Country Cent. Sch. Dist.2026 NY Slip Op 05311
The Appellate Division affirmed the denial of the petition to vacate the hearing officer’s determination, finding that the termination of the teaching assistant’s employment was supported by evidence and not arbitrary or capricious. The court held that the penalty was not disproportionate to the misconduct, which involved posting a racially inflammatory message on social media.
Week ending July 25, 2026
Browse the week ending July 25, 2026
- Montegari v Miller2026 NY Slip Op 04696
The court affirmed the judgment, holding that selective-enforcement equal protection claims survive in the public employment context and that the lower court correctly denied dismissal of the retaliation claim. The court also determined it lacked subject matter jurisdiction over the tortious interference claim but found no need to modify the judgment because no damages were awarded for that cause of action.
Also decided
- Gianna T. D. v 64 W. Chippewa Assoc. LLC 2026 NY Slip Op 04568 July 24, 2026