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Schnader Successful in Overturning Discrimination Suit Against Webster Management, Inc.

On September 15, 2011 by Schnader in Labor and Employment

The State Division of Human Rights has rendered a determination in favor of Schnader’s client Delux Transportation / Webster Management (“Delux”) regarding an allegedly discriminatory employment practice regarding gender. After an investigation, it was found that the complainant’s gender/pregnancy played no role in the client’s decision not to reinstate the complainant after she informed Delux in August 2009 that she was able to work after giving birth. Documentary evidence indicated that the complainant’s work performance was continuously poor from October 2007 to June 2008, when she was terminated. In May 2009, when the complainant was rehired for part-time work, she was not eligible for benefits. In addition, she did not request or complete any documents to show that she would be on maternity leave. The investigation revealed that our client did not rehire the complainant because there was not an available position and not because of gender/maternity leave. After pleadings, discovery, an adversary hearing and post hearing briefing, the Division adopted all of the client’s legal claims and credited its testimony and evidence. The Schnader team included Theodore L. Hecht.

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