CMS filed a complaint against the New York State Division of Human Rights (DHR) and Liberty Mutual, claiming she was discriminated against due to her age and disability.
The DHR, after reviewing the case, agreed with the Administrative Law Judge's recommendation to dismiss the complaint. The agency found that Liberty Mutual had valid reasons for terminating CMS’s employment, specifically citing her work performance issues.
CMS's administrative appeal – filed pursuant to CPLR Article 78 -- to overturn that dismissal decision was ultimately denied by the Appellate Division, Second Department. That court concluded that there was “substantial evidence” supporting Liberty Mutual's decision and that AMS failed to prove that the reasons given for her termination were just a cover – or a pretext -- for discrimination. The AD2 also emphasized that it could not overrule the DHR's decision, even if another outcome might have been possible.
“Liberty, liberty … liberty.”
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