Division of Human Rights Issues No Probable Cause Finding Dismissing Claim of Disability and Gender Discrimination

The New York State Division of Human Rights (“SDHR”) issued a “no probable cause” finding on a claim that a female custodial employee at a public school was discriminated against due to her sex and alleged disability. Heather Dechert represented the school against allegations that the District wrongfully terminated the employee for using inappropriate language in the presence of students but did not terminate a male employee who allegedly engaged in similar behavior. Based on its investigation, the SDHR determined that there was no substantiation of Complainant’s claims regarding her male coworker; however, there were documented reports about Complainant’s language and behavior in front of students. The employee also alleged that the District terminated her employment as a result of a recent surgical procedure and attendant leave of absence. As a substitute cleaner, the Complainant was not obligated to accept work assignments or to provide any reason for declining work assignments; therefore, her surgery and attendant time off was irrelevant. Based on its investigation, the SDHR determined that Complainant could not and did not provide any evidence to support a conclusion that she was discriminated against due to her alleged disability; the Complainant did not even establish that she had made the District aware of her alleged...

Webster Szanyi Secures No Probable Cause Finding Dismissing Claim of Age and Disability Discrimination

The New York State Division of Human Rights (“SDHR”) issued a “no probable cause” finding on a claim that a school district employee was denied a reasonable accommodation for her disability and that, as a result of her age and disability, she was unfairly counseled and/or disciplined. Based on its investigation, the SDHR determined that the District did engage in the interactive process with the former employee and did not deny any reasonable accommodation the employee requested. The SDHR also determined that the District did not unfairly discipline the former employee due to her age or disability. The investigation did not reveal sufficient evidence to support a conclusion that the Complainant was denied equal terms, conditions and privileges of employment due to her age and/or disability. Heather Dechert represented the...

Division of Human Rights Issues No Probable Cause Finding Dismissing Claim of Gender Discrimination

The New York State Division of Human Rights (“SDHR”) issued a “no probable cause” finding on a gender pay gap claim alleging that a female Town employee was not paid the same as a male employee who ultimately replaced her. Heather Dechert represented the Town against allegations that the employee was constructively discharged and the Town hired a male to replace her at a significantly higher salary. The Complainant also alleged that the Town was very hostile toward women in positions of authority. Based on its investigation, the SDHR determined that – because of the nature and timing of the Complainant’s resignation from her position – she and her replacement were not comparably situated, and there was not sufficient evidence to support a conclusion that the Complainant was denied equal terms, conditions and privileges of employment due to her...

Webster Szanyi Attorney Peter Veech Prevails On Motion For Summary Judgment In Case Arising From A Motor Vehicle Accident Involving Municipal Employee

Webster Szanyi associate Peter Veech successfully moved for summary judgment dismissing the plaintiff’s complaint against a municipality located in Orleans County, in its entirety and with prejudice. Mr. Veech demonstrated that the municipal employee who was involved in the motor-vehicle-pedestrian accident giving rise to the lawsuit was “off-the-clock,” driving his own personal vehicle, and not acting within the course and scope of his employment for the municipality when the accident...

Petition For Leave To Serve Late Notice of Claim On Local Municipality Denied With Prejudice As “Patently Meritless”

Webster Szanyi associate Peter Veech successfully opposed a minor claimant’s petition seeking leave to serve late notice of claim on a local municipality arising out of a 2018 motor vehicle accident. The petition was served 1 year, 9 months, and 25 days after the minor’s claim accrued. In addition to demonstrating: (1) the municipality did not gain actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter; (2) the municipality was substantially prejudiced in maintaining its defense on the merits due to petitioner’s failure to timely serve a notice of claim; and (3) the absence of a reasonable excuse for the delay, Mr. Veech further demonstrated that the proposed claim was “patently meritless” by submitting evidence showing that the municipality did not own, control, or maintain the roadway at issue. As such, the court held that it would be an abuse of discretion to grant the...