Employees facing discrimination in the workplace must usually rely on statutes to sue their employers. Governments, however, must operate within the boundaries of the Constitution, including when the government acts as an employer. So, employees who work for a government, such as a state, town, city, or special district, may be able to bring legal claims against their employer when the government violates the employees’ Constitutional rights. Today’s Long Island employment law blog discusses a recent appellate court decision in New York which raises the bar for employment related claims against municipalities.
Elizabeth Naumovski worked for SUNY Binghamton as an assistant basketball coach. Soon after she started working, rumors circulated that Naumovski was having an “inappropriate relationship” with “J.W.,” a gay female-student athlete. The rumors continued into the next academic year, so the school responded by imposing restrictions on interactions between students and coaches.
Yet, the rumors allegedly continued to persist into the next year. In early February 2010, the defendant head coach and athletic director spoke by phone and agreed to terminate Naumovski, allegedly because Naumovski demonstrated favoritism to some students.