E-Newsletter: December 2017
Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice
The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.
RECENT VERDICTS AND SETTLEMENTS
$7.75 million- Civil Rights and wrongful death action brought by the family of deceased
$4.7 million- Repeated verbal and physical assaults on Yemeni-American employee, while supervisor failed to protect employee and discipline the assailant
$1.277 million- Race based attack and serious injury by violent acts against Plaintiffs, who were lured to an isolated warehouse
$2.8 million- Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant
Former Town of Islip Official Granted New Trial on Acts of Retaliation after Making Complaints of Discrimination
The United States District Court ruled that a Town of Islip employee who was unjustly terminated will be granted a new trial on her retaliation claims after the jury was erroneously instructed on how the adverse employment actions should be viewed when it comes to discrimination and retaliation.
Melanie Young was employed with the Town of Islip from April 21, 2008 to December 31, 2013. Her two roles with the Town were Executive Assistant to Management Staff/Acting Director of Human Development for the Commissioner of Human Services, and Americans with Disabilities Act (ADA) Compliance Specialist for the Office of the Supervisor. Ms. Young claimed she was terminated from her latter position due to discrimination based on her race and retaliation as a result of her discrimination claims.
In 2009, Ms. Young filed three separate discrimination claims. In February 2009, she told the Town Supervisor’s chief of staff that she was being subjected to discriminatory treatment and a hostile work environment. She also said that she was written up numerous times for insubordination and lateness. In January 2010, she was relieved of her duties in planning a Black History Month event and, two months later, she was sent home without pay.
She filed a notice of claim with the Town on April 2, 2010, of her intent to bring charges of discrimination. Twelve days later, Ms. Young was written up for failing to comply with Town code. She also lost access to GPS monitoring of certain Town vans that she claimed she needed to perform her job. When she took medical leave in the summer and fall that same year, the Defendants shared her medical issues with other employees and, in the fall and winter of 2010, did not credit her with the full Family Leave and Medical Act (FMLA) leave. On February 11, 2011, she filed a complaint with the New York State Division of Human Rights.
On February 23, 2017, after three weeks, the jury found that Ms. Young was unable to prove that her firing was the result of racial discrimination or retaliation. Two months later, Ms. Young filed the instant motion for a new trial on her Title VII, Section 1981, Section 1983, New York State Human Rights Law and Suffolk County Human Rights Law claims.
On November 13, 2017, United States District Judge Arthur D. Spatt found that Ms. Young was entitled to a new trial for her Title VII and NYSHRL retaliation claims. He ruled that the Court did not allow the jury to consider some of these adverse employment actions — written reprimands, being sent home without pay more than once, reduction in responsibilities (as with planning the Black History Month event), loss of GPS access and health insurance — prevented her from filing charges of discrimination. Citing the Hicks case, Judge Spatt ruled that alleged acts of retaliation need to be considered both separately and in the aggregate, which the jury was not instructed to do.
To read the decision, click here.
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