New York City Human Rights Law

A judge in New York City has just held that an employee who alleged that she was fired for being short did not state a claim under New York state law which protects against genetic discrimination in employment and therefore prohibits employment discrimination on the basis of a

“predisposing genetic characteristic.”

The Plaintiff was employed

Since the Supreme Court’s Gross decision, a federal ADEA plaintiff has a higher burden to prove discrimination – she must establish that “but-for” unlawful discrimination, the employer would not have taken the adverse action, such as firing her. The former “mixed motive” analysis used in ADEA discrimination claims became unavailable to ADEA plaintiffs under Gross.  On June

One of the hot topics of employment law in the past few years has been the concept of independent contractors and the liability associated with improperly designating an employee as an independent contractor. However, I have not seen much written with respect to how independent contractors are handled under one of the more employee friendly

In a recent and much anticipated decision, the New York Court of Appeals, the State’s highest court ruled in Zakrzewska v. New School that the New York City Human Rights Law (“NYCHRL”) imposes strict liability on an employer where the offending employee exercised managerial or supervisory responsibility over the employee-plaintiff. 


Prior to this decision, New