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New York City Attorneys Prevail in Case Involving Employee Discrimination

New York attorneys Sean H. Chung and Joseph Dimitrov recently achieved a defense verdict in the New York State Division of Human Rights (NYSDHR) for a case involving an employee discrimination complaint that was filed against our client, a large medical facility.

In August 2021, our client received an employee discrimination complaint letter from the NYSDHR filed by a former employee of our client, a long-term certified nursing assistant. The complaint alleged discrimination based on her race and national origin, as well as retaliation following her termination from employment.

On behalf of the medical facility, our attorneys Sean and Joe contended that the Claimant was terminated on a non-discriminatory, legitimate basis. Sean and Joe pointed to evidence of the Claimant’s long-standing history of unprofessional behavior and insubordination, which union representatives were aware of.  They also argued that the Claimant was terminated due to her aggressive behavior toward her superiors and colleagues, in addition to her disregard for the medical facility’s policies and procedures. Sean and Joe explained that the Claimant’s complaints largely included incidents, which allegedly occurred over the course of more than 10 years; however, there was no record of those matters ever being reported to her superiors, nor her union representatives. Joe also pointed to our client’s demographic data showing that a substantial portion of the medical facility’s employees, including many of the Claimant’s superiors, are of the same race as the Claimant. Additionally, in her original complaint and subsequent amended complaint, the Claimant failed to identify any similarly situated employees being treated more favorably.

After an investigation conducted by the NYSDHR, which included multiple statements from our client’s employees, an order was issued finding no probable cause to believe that the medical facility engaged in any unlawful discriminatory practice. In December 2021, it was found that the Claimant’s charge of discrimination was nothing more than an unsupported conclusory assertion, ruling in favor of our medical facility client.

Sean focuses his practice in the areas of employment and labor law, commercial litigation, construction defect and premises liability. In addition, he handles matters related to professional liability, intellectual property and motor vehicle accidents. Sean handles a range of cases for multi-national corporations and insurance companies.

Joe concentrates his practice on employment liability claims including wage and hour disputes, as well as general negligence, premises and auto liability matters. He handles all aspects of the litigation process—from the early stages of drafting pleadings and motion practice, to discovery and depositions.