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BROOK v. OVERSEAS MEDIA, INC.

1695, 107439/07

69 A.D.3d 444 (2010)

893 N.Y.S.2d 37

2010 NY Slip Op 197

HELEN BROOK, Respondent, v. OVERSEAS MEDIA, INC., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2010.

Plaintiff's 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...

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