Building Employee Didn't Prove Racial Discrimination

LVT Number: 6681

Owners Maintenance Corporation (OMC) hired a building porter and fired him four years later, claiming he had unexcused absences from his job. Four years after being fired, the porter complained to the City Human Rights Commission that he was fired solely because he sought a promotion to the position of security guard and that this promotion was denied because of racial discrimination. The Human Rights Commission dismissed porter's complaint and porter appealed. The court upheld the Commission's ruling.

Owners Maintenance Corporation (OMC) hired a building porter and fired him four years later, claiming he had unexcused absences from his job. Four years after being fired, the porter complained to the City Human Rights Commission that he was fired solely because he sought a promotion to the position of security guard and that this promotion was denied because of racial discrimination. The Human Rights Commission dismissed porter's complaint and porter appealed. The court upheld the Commission's ruling. The Commission conducted an investigation and gave the porter a full opportunity to present his claim. The porter didn't prove his case.

[Matter of Sukhnanan: NYLJ, p. 24, col. 1 (1/21/93) (App. Div. 1 Dept.; Carro, JP, Milonas, Rosenberger, Ross, Rubin, JJ)].