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Disciplinary action results in allegations of wrongful discharge

By Harvey Randall, Esq.

Disciplinary action results in allegations of wrongful discharge
Cooks v NYC Transit Auth., App. Div., 289 A.D.2d 278

Donald Cooks sued the New York City Transit Authority to recover damages, alleging that he was wrongful discharged from his employment because of his race. Supreme Court dismissed Cooks' petition and he appealed. The Appellate Division sustained the Supreme Court's decision.

The court noted that a prior disciplinary arbitration award, which was confirmed by the Supreme Court, determined that Cooks was guilty of misconduct justifying his discharge from employment. Thus, said the Appellate Division, in this action Cooks could not relitigate any matter litigated in the course of the prior arbitration proceeding, including whether the miscon­duct actually occurred.

Once the Authority established that it had valid, nondiscriminatory reasons for discharg­ing Cooks from its employment, the burden shifted to Cooks to raise a triable issue of fact: i.e., whether the stated reasons for his discharge were pretext for racial discrimina­tion. Cooks, said the court, failed to raise such an issue.

Accordingly, it found that the Supreme Court properly granted the Authority's motion for summary judgment dismissing Cooks' cause of action seeking to recover damages for wrongful discharge from employment based upon race.

Full post as published by New York Public Personnel Law on January 11, 2008 (boomark / email).