It’s more than money: Court holds newly created position may be demotion

Like federal law, the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) prohibit discrimination based on gender or a qualifying disability. The laws generally prohibit an adverse employment action when an employee engages in a protected activity, including taking leave for a qualifying disability. The Appellate Division, Second Department recently issued a decision holding that an employer’s termination of an absent employee’s position following her return from maternity leave may amount to an adverse employment action even though she was offered another position with no loss of pay.

Background

Claudia Lefort was employed by the Kingsbrook Jewish Medical Center as a community access coordinator (CAC). In December 2012, she requested and was approved for maternity leave. In early 2013, she began reporting to a new supervisor, Delicia Segree, who allegedly made disparaging comments about her pregnancy and planned maternity leave.

On March 6, 2013, Lefort began maternity leave. On June 25, her first day back from leave, she was informed that her employment was terminated because her CAC position had been eliminated.