Jonathan Meer (Partner-New York) and Kerry Ayala (Associate-New York) defended our client, a non-profit association providing living accommodations to individuals with developmental disabilities, in an action before the New York State Division of Human Rights. The complainant alleged that our client engaged in unlawful discrimination in employment based on age, creed, national origin, sex, sexual orientation and retaliation. Jonathan and Kerry successfully demonstrated to the Division that the client had a legitimate, non-discriminatory basis to suspend an employee for a brief period of time with pay and give a final written warning. The Division noted that because “Complainant failed to follow established procedures concerning notifications and consent, his conduct went against Respondent’s goal of ensuring a safe environment for its staff and individuals.” It also found the mere allegation that complainant’s written warnings were discriminatory, without more, was “wholly insufficient to support a claim for age and sexual orientation discrimination.” In issuing the No Probable Cause Determination and Order, the Division found no evidence of a connection between the complainant’s protected classes and our client’s decision to suspend and issue a written warning.