In Laboriel v. First Quality Maintenance II, LLC, No. 151184/2026, 2026 WL 3153259 (N.Y. Sup. Ct. Oct. 06, 2026), the court granted defendant’s motion to dismiss plaintiff’s race discrimination claims asserted under the New York State and City Human Rights Laws, upon application of the “election of remedies” doctrine.
From the decision:
The NYSHRL and the NYCHRL both provide that an individual who files a complaint with either the NYSDHR [New York State Division of Human Rights] or the New York City Commission on Human Rights [“NYCCHR”] waives their right to later sue in Court. N.Y. Exec. Law § 297; N.Y.C. Admin. Code § 8-502(a). Further, the election of remedies doctrine precludes consideration of any cause of action or claim that arises out of the same facts on which the plaintiff’s prior complaint before the NYSDHR or the [NYCCHR] was based.
Here, the parties participated in a three-day hearing at the NYSDHR after which Administrative Law Judge Linzer found that Plaintiff’s allegations of discrimination, harassment and retaliation were without merit and dismissed them. Plaintiff reasserts, in paragraphs 20 to 93 of his complaint, factual allegations previously raised, litigated, and rejected as without merit by the NYSDHR. Moreover, all of Plaintiff’s causes of action state that “Plaintiff repeats and re-alleges each and every allegation contained herein above with the same force and effect as if fully stated hereat.” Thus, in each cause of action, Plaintiff relies on factual allegations previously raised and litigated before the NYSDHR.
(Cleaned up.)
The court concluded that since all of Plaintiff’s claims in this action are based upon facts arising out of his prior action before the NYSDHR, all his claims are barred by the election of remedies doctrine.