April 13, 2017

The Firm won dismissal of a discrimination complaint brought by a former employee of a cooperative apartment building who contended he had been discriminated against due to his race and religion. The employee was terminated while the complaint was pending. In administrative proceedings before the New York State Division of Human Rights, the Firm demonstrated, on behalf of the employer, that the discipline and subsequent termination were attributable to the employees poor attendance and work performance, not his membership in a protected class. The agency dismissed the complaint finding no causal nexus between the discipline and the employee’s race, with a finding of “No Probable Cause”. In April 2017, the Eastern District of New York also rejected the discrimination claim when the former employee sought in forma pauperis status to bring his complaint in federal court.