Policy, Records Force Dismissal of Bias Claims

Clear-cut policies and solid documentation have enabled a not-for-profit human services agency to win prompt summary judgment in defending a discrimination claim. Franziska Racker Centers, an entity licensed by the New York Department of Health, was hit with a suit alleging racial, sexual and handicap discrimination after it fired an employee. But a federal judge dismissed the action, mainly because FRC policies and records established a ready-made defense.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Clear-cut policies and solid documentation have enabled a not-for-profit human services agency to win prompt summary judgment in defending a discrimination claim. Franziska Racker Centers (FRC), an entity licensed by the New York Department of Health to provide services to developmentally disabled individuals, was hit with a lawsuit alleging racial, sexual and handicap discrimination after it fired an employee. But Senior U.S. District Judge Howard G. Munson dismissed the action on a summary judgment motion, mainly because FRC policies and records established a ready-made defense. The case, Harris v. Franziska Racker Centers, 5:02-CV-0189, began when James Harris was fired after two months on the job. Harris, who is black, complained that he was subjected to racial remarks by a co-worker, sexual seductions by a supervisor and discrimination based on a work-related injury he had suffered. But FRC was well-positioned to counter all of Harris’ claims, and did so to the satisfaction of Munson. The judge found that Harris may have been subjected to a couple of racial comments and a joke by a fellow employee. However, FRC’s records show that its supervisory staff was immediately receptive to Harris’ complaints and directed the offending employee to refrain from such activity. After that, there were no more complaints. “Plaintiff’s problem was addressed immediately, it was neither disregarded or left to languish,” Judge Munson wrote. “The employer used reasonable care to promptly address and further prevent the inappropriate conduct complained of by plaintiff, and incurred no hostile work place liability as a result.” Further, Munson said “boorish and inappropriate” comments and behavior do not automatically result in a hostile or abusive work environment. “The workplace plaintiff describes cannot, as a matter of law, be said to be permeated with discriminatory intimidation, ridicule, and insult that is sufficiently pervasive to alter the conditions of his employment and create an abusive working environment,” Munson said. FRC avoided liability on the sexual discrimination claim in part because it was able to document that the conduct complained of did not involve a supervisor. Under Burlington Industries Inc. v. Ellerth, 524 U.S. 742 (1998), an employer is presumed absolutely liable for sexual harassment only if the victim’s supervisor perpetrated the abuse. Here, Munson said the employee was Harris’ supervisor only in a colloquial sense as FRC records show clearly that the plaintiff was supervised by someone else. That left Harris with only one avenue on the sexual harassment allegation — namely, that FRC provided no reasonable means for him to initiate a complaint. But records show that FRC has procedures for investigating complaints of sexual misconduct, that Harris attended a new employee orientation program that described those procedures and that he signed a form acknowledging receipt of the employer’s Policy on Sexual Harassment. DISABILITY CLAIM Munson also rejected Harris’ claim that he was discriminated against based on a work-related disability. Medical records provided by FRC show that Harris did indeed suffer an injury when he was punched by a resident. But they also show that the injuries were relatively minor and temporary and, under 2nd Circuit precedent, did not implicate the Americans with Disabilities Act. Consequently, Harris was not owed any special accommodation. FRC claimed that Harris was fired for violating its written confidentiality policy and making “highly indiscreet, sexual oriented and conjectural comments” about residents at its facility. Franziska Racker Centers produced a copy of a statement where Harris acknowledged receiving the FRC confidential policy and thus “articulated a legitimate and non-discriminatory reason for firing plaintiff,” the court said. Mark B. Wheeler of Harris Beach in Ithaca, N.Y., appeared for Franziska Racker Centers. Thomas H. Kheel of Ithaca represents Harris.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

Trending Stories

 

Featured Product

Global Briefing

A weekly, curated selection of our international content from around the globe, across the business of law, in-house, regulatory, technology and more, with expert insights from our senior editors.

Learn More

More from ALM

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Privacy Policy

About Us / Contact Us / Site Map / Advertise With Us/ Customer Service / Terms of Service/ FAQ / Privacy Policy

Publications

Law Topics

Rankings

More

Law.com

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.