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

The New York State Division of Human Rights (“SDHR”) issued a “no probable cause” finding on a claim that a County employee was discriminated and retaliated against because he had a disability.  Heather Dechert represented the County against allegations that the employee was harassed, treated differently than similarly situated employees, and denied a reasonable accommodation for his disability.  The Complainant also claimed that he was retaliated against by being given unwanted or dangerous assignments, being subject to unwarranted disciplinary action and being constructively discharged.  Based on its investigation, the SDHR determined that the evidence did not support Complainant’s allegations of harassment, disparate treatment and denial of a reasonable accommodation.  The SDHR further found that the record did not support Complainant’s contention that he was constructively discharged.