Labor & Employment Law

Division of Human Rights to determine validity of a ?release? signed by an employee alleging unlawful discriminatory practice

Division of Human Rights to determine validity of a ?release? signed by an employee alleging unlawful discriminatory practice
Freeman v New York State Div. of Human Rights, 2008 NY Slip Op 04348, Decided on May 6, 2008, Appellate Division, Second Department

On August 7, 2007, the New York State Division of Human Rights[SDHR] dismissed the Terrance Freeman?s complaint, finding that there was no probable cause to believe that Freeman?s employer, Nortel Networks, Inc., had engaged in an unlawful discriminatory practice. Freeman?s complaint alleged that he was the victim of a discriminatory employment practice in connection with his discharge from employment because he suffered from alcoholism. At the time of his discharge, the petitioner signed a release absolving the appellant from liability in connection therewith.

The SDHR found that alcoholism was not a disability within the meaning of the Executive Law and that it did not have jurisdiction to determine the validity of the release executed by Freeman.

In the course of the litigation that followed, SDHR asserted that its determination was erroneous because it did have jurisdiction to determine the validity of the release and alcoholism was recognized as a protected disability.

In response to Nortel?s claim that the release that Freeman had signed controlled and thus Freeman?s appeal should be dismissed, the Appellate Division held that ?The validity of the release ?cannot be conclusively determined at this time and must await the development? of the record,? citing Rimberg & Assoc., P.C. v Jamaica Chamber of Commerce, Inc., 40 AD3d 1066.

Accordingly, said the Appellate Division, Supreme Court properly denied the Nortel?s motion to dismiss Freeman?s petition and, further, SDHR demonstrated good cause to remit this matter to it.

Full post as published by New York Public Personnel Law on May 13, 2008 (boomark / email).