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socrateaser
socrateaser, Lawyer
Category: Employment Law
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I have a friend who worked as a security supervisor at a major

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I have a friend who worked as a security supervisor at a major hotel in NYC for 20 years. He had a spotless work record - no write-ups or disciplinary actions against him at all. While he was on duty one night, it came to his attention that 2 front desk assistant managers had left the hotel for 3 hours while on duty. When they came back, they appeared drunk. My friend reported this to his supervisor, the head of security, and then, along with the front desk manager, they reviewed security videos that verified that these 2 managers went out of the hotel unauthorized for 3 hours, and that they appeared intoxicated when they returned. Additionally, videos in a back office showed these 2 managers carrying on in a sexual manner after they returned from their absence.

Instead of the 2 managers being disciplined, my friend was then subjected to a 2-month intense harassment that culminated in his being fired abruptly, with no reason being give. This was particularly devastating for him, since he was then making about $90,000 a year, with overtime, and he lost all that plus his health coverage.

The reason that all this happened, is because the female manager who was caught leaving the hotel, had been having sex with the general manager for years, and she and this GM arranged to unfairly terminate my friend, as revenge.

What legal recourse does my friend have against the hotel and the GM?
Submitted: 12 months ago.
Category: Employment Law
Expert:  socrateaser replied 12 months ago.
Hello,

NYC Admin. Code § 8–107 provides: 1. Employment. It shall be an unlawful discriminatory practice: (a) For an employer or an employee or agent thereof, because of the actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation or alienage or citizenship status of any person, to refuse to hire or employ or to bar or to discharge from employment such person or to discriminate against such person in compensation or in terms, conditions or privileges of employment. [emphasis added]

In short, if your friend can show that he had an obligation as part of his job description to report the violation of the employer's policies concerning taking time off during the work day, becoming intoxicated on the job, or similar, or that the terms and conditions of your friend's employment caused him to be terminated in a manner different that would be applicable to other supervisory personnel, then your friend would have a claim for unlawful discrimination under NYC law.

Your friend needs documentation to support this claim. Though, even without copies of the employer's policies, the NYC Human Rights Commission could subpoena the documents -- but, the risk is that the employer may manufacture something to protect itself from liability, once it discovers that your friend does not have any independent copies of the employer's policies.

A complaint appointment may be made by dialing 311 (or (212) NEW-YORK) or(NNN) NNN-NNNN

Please let me know if my answer is helpful, or if I can provide further clarification or assistance.

And, thanks for using justanswer.com!
Customer: replied 12 months ago.

My friend definitely had an obligation under the conditions of his employment to report this to his supervisor, which he did. Also, this supervisor is supportive and sympathetic, since he was very upset that my friend would be terminated under these conditions. This supervisor is willing to give supporting testimony.

Expert:  socrateaser replied 12 months ago.
A corroborating witness who is still employed with the same employer from which your friend was terminated, would be extremely strong evidence.

The key here is that the same reporting obligation would have been applicable to every other supervisor, and that the employer ignored the policy in terminating your friend.

This sort of case is not as strong as one for, let's say, race or sex discrimination. However, I think it's a viable claim.

Your friend will have to make the complaint and see if the HRC agrees. If not, then your friend can try to find an employment rights attorney to take the case on a contingency.

Hope this helps.
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 34465
Experience: Retired (mostly)
socrateaser and 10 other Employment Law Specialists are ready to help you
Customer: replied 12 months ago.

In reading over carefully your initial reply, I am not clear on the point that you are making. How I read what you said is that if someone is in a protected class such as race, religion, etc, then if the employer terminates him for that reason, or discriminates with compensation or in terms, conditions or privileges of employment, then there may be grounds for a discrimination action.


 


But in this instance, my friend is not a member of one of these protected classes. Rather, you are saying that if he had an obligation as part of his job to report a transgression (which clearly he did), and then is discriminated in a disparate manner from other employees, that he may have grounds for a discrimination lawsuit. I do not see how these two legal points are directly connected.

Expert:  socrateaser replied 12 months ago.
Your facts alleged:

1. One supervisor is female.
2. Your friend, also a supervisor, is male (or, at least that's my assumption).
3. The female employee was/is having an affair with the GM.
4. Your friend suffered an adverse employment action in the terms and conditions of his employment (harassed, perhaps being unwilling or unable to engage in a quid pro quo relationship with the GM) -- because, apparently, being female and available to have an affair with the GM is a prerequisite to being able to avoid the employer's disciplinary policies.
5. Therefore, your friend suffered employment discrimination based upon sex.

That's how I would try to "connect the dots."

Hope this helps.
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 34465
Experience: Retired (mostly)
socrateaser and 10 other Employment Law Specialists are ready to help you

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