Employment Discrimination Suit Dismissed with No Probable Cause Determination
Case Study

Employment Discrimination Suit Dismissed with No Probable Cause Determination

The New York State Division of Human Rights (NYSDHR) issued a no probable cause determination and dismissed an employment discrimination complaint against our client, a food distributor, in a matter involving a woman who was alleging national origin discrimination and retaliation.

On behalf of the food distributor, Goldberg Segalla associate Cali L. Chandiramani submitted a detailed statement denying the allegations that the plaintiff was discriminated against and denying that she was ever terminated. The plaintiff was sent home from work because of her poor behavior and aggressiveness toward her supervisor and voluntarily resigned thereafter.

Cali, with assistance from partner Scott R. Green, also explained that the plaintiff never complained about her supervisor’s alleged discriminatory animus toward her. Cali emphasized the company’s demographic data showing that 50 percent of its workforce and 25 percent of the supervisors in her department have the same national origin as the plaintiff.

The NYSDHR conducted an investigation and issued a no probable cause determination finding the plaintiff’s allegations to be conclusory as she was unable to provide support that her national origin was a motivating factor for her alleged discriminatory treatment or termination. On March 11, 2020, the NYSDHR stated that the investigation did not reveal sufficient evidence to establish an inference of discrimination based on national origin and dismissed the complaint accordingly.


 

 

MORE ABOUT GOLDBERG SEGALLA’S EMPLOYMENT AND LABOR GROUP:

Attorneys on Goldberg Segalla’s Employment and Labor team view our representation of employers as a strategic partnership aimed at protecting the enterprise and its leaders while helping the organization advance its management philosophy and maintain its company culture. We understand the risks employers face, along with the pressures placed on management, because attorneys on this team have experienced them firsthand as in-house counsel and human resources officers at various companies in multiple industries.