Skip to main content

2012 NY Slip Op 05338

Citation
2012 NY Slip Op 05338
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,265 chars
In interpreting the City HRL, we start from the premise that the Local Civil Rights Restoration Act requires that "we . . . construe Administrative Code § 8-107 (7), like other provisions of the City's Human Rights Law, broadly in favor of discrimination plaintiffs, to the extent that such a construction is reasonably possible" (Albunio v City of New York, 16 NY3d 472, 477-478 [2011]).

"[I]t is important that the assessment [of a retaliation claim] be made with a keen sense of [the] realities [of the circumstances surrounding the plaintiff], of the fact that the 'chilling effect' of particular conduct is context-dependent, and of the fact that a jury is generally best suited to evaluate the impact of retaliatory conduct in light of those realities" (Williams v New York City Hous. Auth., 61 AD3d 62, 71 [2009], lv denied 13 NY3d 702 [2009]).

Thus, to make out a retaliation claim under the City HRL, the complaint must allege that: (1) Fletcher participated in a protected activity known to defendants; (2) defendants took an{**99 AD3d at 52} action that disadvantaged him; and (3) a causal connection exists between the protected activity and the adverse action (see Albunio v City of New York, 67 AD3d 407, 413 [2009], affd 16 NY3d 472 [2011]).[FN2]