CMM has successfully defended our client before the New York State Division of Human Rights, culminating with the Division’s Determination and Order that a discrimination complaint be dismissed in the absence of probable cause to believe our client engaged in a discriminatory practice.
Our client, a technology company in the healthcare space, employed the claimant for less than a year, ultimately terminating the employee for poor performance. The former employee filed a claim with the Human Rights Commission, alleging that the termination was based on racial discrimination. The internal investigation by CMM’s Christine Malafi and Vincent Costa clearly demonstrated that the termination was based on poor performance. CMM submitted numerous position statements to that effect, supported by evidence including work records, our client’s need to hire a temporary worker to assist the employee in fulfilling the job duties, written warnings about the employee’s confrontational behavior, and witness statements.
After reviewing the submissions from both parties, the Division of Human Rights ultimately issued a Determination and Order dismissing the complaint, determining that there was no probable cause to support the former employee’s contention that our client had engaged in a discriminatory practice. The Order noted that “the evidence adduced does not support Complainant’s allegations of discrimination,” demonstrating the critical role that CMM’s investigation and submissions played in the case.