Attorney obtained a pre-answer motion to dismiss in an employment discrimination matter
Attorney obtained a pre-answer motion to dismiss in an employment discrimination matter. The attorney defended the administrative proceedings and investigation before the Human Rights Commission (the "Commission"). The claimant alleged that he was subject to unlawful discrimination in his employment with a restaurant. He claimed that he was denied advancement opportunity and denied a reasonable accommodation for his claimed disability. The attorney prepared the restaurant's responses to the claimant's complaint and to Commission's investigation requests. After considering the evidence submitted to it, the Commission found that there was no probable cause and dismissed claimant's complaint. Thereafter, the claimant brought suit in the Supreme Court of the State seeking monetary damages. The plaintiff alleged violations of the State Human Rights Law. In response to plaintiff's complaint in the state court action, the attorney served a pre-answer motion to dismiss on election of remedies grounds. After plaintiff's counsel reviewed our pre-answer motion to dismiss, he discontinued the action with prejudice.