Ted Graney and Ryan Smith successfully defended their client in a matter filed with the New York State Division of Human Rights (NYSDHR). The Complainant was employed by the Respondent and was terminated shortly after returning from a medical leave of absence. After receiving medical treatment she returned to work several weeks later. Upon her return from leave, the Complainant was placed on a last chance agreement, which arose from various misconduct that occurred immediately prior to her medical leave, including inappropriate remarks she had made about a co-worker on social media. The last chance agreement required, among other things, that she act professionally within the workplace and respond appropriately to supervisory direction. She was terminated approximately one month later for violating the terms of the last chance agreement. After her termination, the Complainant filed a complaint against the Respondent, Webster Szanyi’s client, with the NYSDHR.
Webster Szanyi successfully argued that her discrimination claims based on sex and pregnancy-related condition were not factually supported and/or were completely untimely. Although she was terminated shortly after returning from her medical leave, Webster Szanyi was able to establish that the actions taken against her were based on legitimate, non-discriminatory reasons tied to her inappropriate behavior, as opposed to an alleged disability. The NYSDHR agreed that Complainant failed to demonstrate probable cause to believe that she was discriminated against based on her sex, disability or any pregnancy-related condition. Accordingly, the NYSDHR dismissed the Complaint in its entirety.