Senior Associate Kevin D. Clinton Secures Dismissal of COVID-19 Discrimination Claim

Kevin successfully represented a rehabilitation facility against a claim brought in the New York State Division of Human Rights (“NYSDHR”). The claim alleged that the facility discriminated against a former employee based on her religion. Per New York State Department of Health (“NYSDOH”) regulations, employees who could potentially expose patients or residents to COVID-19 are required to be fully vaccinated against COVID-19. The NYSDOH regulation has been upheld by the U.S. Circuit Court of Appeals for the Second Circuit. Finding that the facility’s adherence to the NYSDOH regulations was legitimate and non-discriminatory, the NYSDHR found that there was no probable cause to believe that the facility discriminated against the employee based on her religion and dismissed the claim.