Adverse Unemployment Decision Does Not Preclude Discrimination Claims, Court Holds

In Derrick v. American Intl. Group, Inc. (App. Div. 1st Dept. March 19, 2015), the Appellate Division, First Department reversed the lower court’s order granting defendants’ motion to dismiss plaintiff’s complaint and denying plaintiff’s motion to amend her complaint.

In this case, plaintiff asserts claims for race, national origin, and gender discrimination and harassment.

Citing NY Labor Law § 623(2), the court held that “[t]he determination of the Unemployment Insurance Appeal Board, denying plaintiff’s claim for unemployment insurance benefits, does not preclude her from bringing any of [her] claims” for discrimination/harassment under the New York City Human Rights Law and 42 USC § 1981.

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