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CG&P Secures Dismissal of Employment Discrimination Action

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CG&P Secures Dismissal of Employment Discrimination Action

CG&P recently secured the dismissal of all claims of discriminatory employment practices against an assisted living facility. The complainant alleged that she was wrongfully terminated from her position at the facility based upon her conviction record. CG&P successfully argued before the New York State Division of Human Rights that the complainant was terminated in accordance with New York Public Health Law, which requires residential healthcare facilities to submit the names of prospective employees to the New York Department of Health for criminal background checks. CG&P established that its client complied with New York Correction Law when it terminated the complainant based upon the Department of Health’s determination that the complainant was ineligible for employment in a residential healthcare facility. The Division of Human Rights concluded that there was no probable cause to believe that the facility had engaged in any unlawful discriminatory practice. The matter was handled by CG&P Partner June D. Reiter and Associate Frank S. Rosenfield.