New York’s highest court decided that the threat of litigation may support a retaliation claim under the New York State Human Rights Law. The Human Rights Law prohibits retaliation against those who make discrimination complaints or engage in other protected activity. The New York Court of Appeals definitively decided that the threat of litigation itself may constitute the requisite adverse action under the Human Rights Law to support a retaliation claim.

City Vision, a not-for-profit corporation whcih tests whether housing facilities engage in discrimination by having their people pose as prospective tenants, found discrimination by an apartment complex Clifton Park Apartments, LLC based on a prospective tenant’s familial status. The prospective tenant who had children living with her, was steered to a different apartment complex when they learned that the children would be residents.

The Court of Appeals in remitting the case for further proceedings, clarified that a threat of litigation in a letter may be enough to consitute retaliation under the Human Rights Law. A threat of litigation could dissuade someone from bringing the original discrimination charge.

Read the decision.