A plaintiff alleging employment discrimination in violation of the State statute must establish (1) membership in a protected class; (2) qualification to hold the position; and (3) an adverse employment acttion, taken (4) under circumstances giving rise to an inference of discrimination. Under the City statute, the plaintiff must establish that, on the basis of a protected characteristic, he was subject to an unfavorable employment change or treated less well than other employees. Under both the State and City statutes, the action must be commenced within three years of the alleged unlawful discriminatory practice or act of discriminatory harassment.
Acala v. Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., NY Slip Op 06345 (2d Dep't December 13, 2023)
