MSSSV Obtains a Defense Verdict in a Religious Discrimination/Retaliation Claim

Bates v. Fund for Community Leadership & Development, Inc., NYSDHR Charge No. 10115830: Following a trial before Administrative Law Judge Thomas J. Marlow, the Court found in favor of MSSSV’s client, a not-for-profit entity which operates community youth programs.

Plaintiff, a former program facilitator for the not-for-profit organization, filed a charge of discrimination with the New York State Division of Human Rights alleging that the termination of his employment was because of his religious affiliation and his refusal to attend worship services. The defendant employer vehemently denied the allegations and proceeded to a trial.

At trial, the employer was able to demonstrate that the decision to terminate plaintiff’s employment had nothing to do with plaintiff’s religious beliefs. In fact, plaintiff’s own written reports were used to demonstrate that the termination was due to a failure to engage the community and develop the program as his position required.

Moreover, on cross-examination, plaintiff confirmed that he did not truly believe that his faith had anything to do with his termination. Rather, plaintiff was angry that he was being asked to perform responsibilities for on what he felt was his own personal time.