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 sex