Division of Human Rights Issues No Probable Cause Finding Dismissing Failure-To-Hire Claim

The New York State Division of Human Rights (“SDHR”) issued a “no probable cause” finding on a claim that an employer refused to hire an applicant because of his sex and/or in retaliation for complaints filed by the applicant against his former employer. Marnie Smith represented the employer, which did not hire the applicant because of concerns related to the applicant’s poor performance and/or misconduct while employed by the former employer. Based on its investigation, the SDHR determined that there was not sufficient evidence to conclude that the Complainant was subject to any discrimination or retaliation. The evidence instead supported the Employer’s legitimate, non-discriminatory reasons for not hiring the applicant.