Legal Opinion

Brook v. Overseas Media, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 12, 2010PublishedCited by 7 opinions

1Opinion of the Court

*445Plaintiffs allegation that defendant terminated her employment “because of her perceived and/or actual disability and in retaliation for her having filed a Workers’ Compensation claim” does not state a cause of action for retaliatory discharge under the New York City Human Rights Law (see Administrative Code of City of NY § 8-107 [7]). The mere filing of a claim for workers’ compensation is not a “protected activity” within the meaning of that provision, because it does not constitute “opposing or complaining about unlawful discrimination” (see Forrest v Jewish Guild for the Blind, 3 NY3d…

2Cases cited5 opinions

  1. Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
  2. Jimenez v. PotterCourt of Appeals for the Fifth Circuit · 2006
  3. Unotti v. American Broadcasting CompaniesAppellate Division of the Supreme Court of the State of New York · 2000
  4. Rice v. University of Rochester Medical CenterAppellate Division of the Supreme Court of the State of New York · 2007
  5. Iannone v. ING Financial Services, LLCAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by7 opinions

  1. Mi-Kyung Cho v. Young Bin CaféDistrict Court, S.D. New York · 2013
  2. Grovesteen v. New York State Public Employees FederationAppellate Division of the Supreme Court of the State of New York · 2011
  3. D'Amico v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
  4. Piligian v. Icahn School of Medicine at Mount SinaiDistrict Court, S.D. New York · 2020
  5. Piligian v. Icahn School of Medicine at Mount SinaiDistrict Court, S.D. New York · 2020

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