A plaintiff alleging discrimination under the New York State Human Rights Law must establish: (1) membership in a protected class; (2) qualification to hold the position; (3) an adverse employment action; and (4) that the adverse action occurred under circumstances giving rise to an inference of discrimination. A plaintiff may raise such an inference by showing less favorable treatment by comparison to similarly situated employees outside the protected group. The "similarly situated" standard does not require identical circumstances, but the circumstances must be similar in significant respects.
Castro v. City Univ. of N.Y., NY Slip Op 03175 (2d Dep't May 28, 2025)
