Probationary employee's compliant that her termination was based on her race and gender dismissed for failure to allege acts of unlawful discrimination

In this action the Appellate Division found that the Supreme Court correctly granted the City of New York's motion to dismiss the Plaintiff's complaint. Plaintiff, said the court, had failed to sufficiently allege that her termination occurred under circumstances "giving rise to an inference of unlawful discrimination". 

The Appellate Division observed that Plaintiff's complaint alleged, "in a conclusory fashion", that Plaintiff's employment was terminated based on her race and gender but it failed to allege that any decision-makers "made remarks evidencing discriminatory intent" or alledge that "other similarly situated employees outside of her protected class were treated more favorably", or "any other act or omission giving rise to an inference of discrimination".

In contrast, the Appellate Division noted that the City's documentary evidence indicated that the appointing authority terminated Plaintiff's employment "as of right within [Plaintiff's] probationary period"* and Plaintiff "fails to allege that a facially neutral employment practice had a disparate impact on her protected class".

Citing Sedgwick v New York City Department of Educ., 215 AD3d 607, the Appellate Division commented that "To the extent [Plaintiff] argues that the [Appointing Authority's] decision to terminate her employment was arbitrary and capricious, such a claim should have been brought in a CPLR article 78 proceeding".

* V.5.7 of the Personnel Rules and Regulations of the City of New York provides, in pertinent part, "... the agency head may terminate the employment of any probationer whose conduct and performance is not satisfactory after the completion of a minimum period of probationary service and before the completion of the maximum period of probationary service by notice to the said probationer and to the commissioner of citywide administrative services."

Click HERE to access the Appellate Division's decision posted on the Internet.

 

The New York State Workers’ Compensation Board to host a Paid Family Leave webinar for employers and HR professionals on Tuesday, January 14, 2025

Paid Family Leave [PFL] is employee-paid insurance that provides employees with job-protected, paid time off from work to bond with a new child, care for a family member with a serious health condition, or assist when a spouse, domestic partner, child, or parent is deployed abroad on active military service.

Since PFL began in 2018, benefits have been significantly enhanced to further improve the lives of working New Yorkers and their families, including more time off, more uses for PFL, and more financial security.

The New York State Workers’ Compensation Board [WCB] will host a free PFL webinar specifically for employers and HR professionals to share what’s new for 2025 on Tuesday, January 14, 2025; 12:00 p.m. – 1:00 p.m. The presentation will include information concerning the higher maximum weekly benefit amount and the updated employee contribution rate. This one-hour, online webinar session will also provide an overview of New York State’s landmark PFL benefit, including eligibility, and "how you take it". In addition, there will be time at the end of the webinar for questions. 

Click here to Register for this Webinar.

New York State offers complete details on PFL at PaidFamilyLeave.ny.gov, including updates for 2025. Visit the employer page for helpful resources, including employer forms, fact sheets and past webinars.

Click here to Sign up to receive PFL news via e-mail, including information on future webinars. Help is also available via a toll-free PFL Helpline at (844) 337-6303, Monday through Friday, 8:30 a.m. – 4:30 p.m.

If interested individuals cannot attend this webinar, the WCB invites those interested to visit its Internet site by clicking Webinar FAQs

NYS Comptroller DiNapoli tracks NYC agency performance, recommends greater transparency

New York City’s government workforce reached more than 300,000 employees in June of 2024, the first year-over-year increase since the COVID-19 pandemic. Still, some city agencies remain understaffed, resulting in critical services being impacted, according to a new report released on December 6, 2024, by New York State Comptroller Thomas P. DiNapoli.

The analysis is based on data from his office’s Agency Services Monitoring Tool, which launched in November 2023 to help the public and lawmakers better evaluate agency performance. The tool uses the performance indicators (“tracked services”) that are included in the Mayor’s Management Report, but also displays funding, staffing levels and service performance for 36 city agencies. This data is updated regularly and provides additional insight and context to 144 unique services and 238 service goals established by agencies.

“My office developed a comprehensive data tool to increase transparency and accountability, while advancing innovation in government data availability and accessibility,” DiNapoli said. “Looking at performance management and service delivery at city agencies is critical when serving more than 8 million New Yorkers. City officials can use our findings to inform and improve managerial decisions and resource allocation, and the public can see what progress is being made with city services.”

Key Highlights:

Staffing Has Not Rebounded at Many Agencies

New York City’s public workforce stood at 306,248 employees at the end of City Fiscal Year (CFY) 2024, but staffing at the city Law Department (1,396), Fire Department (17,095), Administration for Children’s Services (6,455), Department of Health and Mental Hygiene (5,372) and Department of Investigation (270) remain below pre-pandemic levels. A decline in staffing since 2019 at these agencies coincides with a reported decline of at least 50% of tracked services.  For example, the Law Department saw the number of cases pending in state courts grow from 22,611 in June 2019 to 32,873 in June 2024, a 45% increase. While the Department of Investigation saw case times balloon from 145 days in June 2019 to 297 days in June 2024, a 105% increase. 

Some Agencies Delivered Improved Services

Eight of 36 city agencies saw an improvement in at least 50% of tracked services from 2019 to 2024, including the Departments of Citywide Administrative Services, Homeless Services and Youth and Community Development. Some of these agencies did this while remaining below pre-pandemic staffing levels, while others like the Department of Youth and Community Development and Parks and Recreation increased staff. Parks planted 38% more trees in the city in June 2024 compared to June 2019. Homeless services reduced the time people were in shelters by 10% for single adults, 28% for families, and 19% for families with children when comparing June 2019 to June 2024. 

Some Improvements and Declines in Delivery of Critical Indicators

Critical indicators are defined by the city as necessary for an agency’s operations. Twelve agencies delivered improved critical services, including the Departments of Citywide Administrative Services, Homeless Services, Correction, Probation, Parks and Recreation and the Taxi and Limousine Commission. For example, the Department of Citywide Administrative Services is processing civil service exam results more quickly, from 323 days in June 2019 to 276 days in June 2024, 15% faster.

However, 11 of 36 agencies covered in the monitoring tool saw at least 50% of their critical indicators decline, including the Chief Medical Examiner, the Department of Transportation and the Administration for Children’s Services. For example, the median time to complete autopsy reports increased by 90% from 48 days in June 2019 to 91 days in June 2024 at the Office of the Chief Medical Examiner.

DiNapoli recommends the city improve transparency by:

Enhancing the quality of the data it collects by ensuring agencies have reported in a timely, accurate and complete manner.

Including an agency’s division-level staffing and funding information alongside service performance in management reports to best evaluate goals and programming.

Creating classifications for performance indicators, including 311 services, based on whether they measure service demand, workload capacity or performance outcomes.

Report

Click New York City Agency Services Update to access Comptroller DiNapoli's report posted on the Internet.