Will a discrimination complaint, drafted by an attorney on behalf of a paraprofessional, that a court finds to contain numerous errors and insufficiencies, be dismissed?

Yes. Barry Maynard, a paraprofessional at John F. Kennedy High School, commenced a discrimination action against the DOE and several named defendants including the principal, Lisa Luft. Maynard alleged, in his complaint, that after serving several years of satisfactory service “a female student told her guidance counselor that he had been harassing her and another student by asking the girls to spend time with him away from school.” During the investigation an OSI investigator allegedly told Maynard that “since Obama became President, you people think you can get away with anything.”

The investigation resulted in Maynard being dismissed.

The DOE and City moved to dismiss the complaint and the Court agreed.

The Court wrote, “Plaintiff’s complaint is no model of clarity. Plaintiff is represented by counsel, but I have received complaints from pro se plaintiffs that are more “professional.” For example, the Complaint in multiple instances describes Plaintiff–a male–with female pronouns. It refers to a gender discrimination claim, although Plaintiff only advances a race discrimination claim. I can read it clearly enough, however, to ascertain that it should be dismissed.”

The Court found numerous pleading errors and insufficiencies and dismissed the claim in its entirety.

Maynard v City of New York

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Will failure to file a specific notice of claim defeat a school secretary’s workplace condition complaint?

Yes. Lynne Schnell, a school secretary at Aviation High School and her son, brought an action in Queens Supreme Court for working conditions against the City, school administrators and the Chapter Leader.

Schnell complained that her workspace had no windows, ventilation or adequate air and had reached a temperature of 120° F. She complained to the school’s administration, the UFT, the Department of Health and the DOE component of the Public Employee Safety and Health Board to no avail.

During the last two weeks of June 2006 she came to school seeking relocation and upon not being relocated she left. An S rating was changed to a U rating for excessive absences. Her claimed injuries included intentional infliction of emotional distress and the development of a  staph  infection.   Schnell  also  alleged  that  the  Chapter  Leader  “came  into her room [, room] 149F, blocked the door and proceeded to scream and curse at her and throw a chair at her for complaining.”

A 3020-a proceeding was brought against Schnell and was settled with a stipulation in which she agreed to withdraw all of her claims against the DOE except for a claim involving whistleblowing. This last claim was not included on her notice of claim.

Leaving the remaining claim off of her notice of claim proved fatal to her lawsuit and Justice Kevin J. Kerrigan summarily dismissed her claim.

Lynne Schnell and Luke Serkanic, Plaintiff, – against – The City of New York, New York City Department of Education, Ralph Santiago, Eileen Taylor, Joyce Seiden, Dino Charlalambous, Jerry Frohnhoefer, Soraya Cuervo-Digiorgio, and Mary Vigoa, Defendants, SUPREME COURT OF NEW YORK, QUEENS COUNTY, 2011 NY Slip Op 31220U; 2011 N.Y. Misc. LEXIS 2168, April 11, 2011