Rosu v. City of New York
742 F.3d 523
| 2d Cir. | 2014Background
- Rosu filed a NYC Commission on Human Rights complaint on April 20, 2005 alleging racial and religious discrimination by Scientific Components Corp. and a hostile work environment connected to his Romanian and Christian background, including alleged statements by a manager about Jews being superior to Romanians.
- Rosu claimed his medical stroke and subsequent Parkinson’s diagnosis contributed to his termination, and that discrimination occurred in 2003–2004.
- The Commission’s process includes complaint filing, service, potential mediation, investigation for probable cause, and, if probable cause is found, a hearing and final decision; no probable cause leads to dismissal with a right to appeal and judicial review.
- Rosu alleged the investigators failed to interview witnesses or obtain documents; the case was reassigned to new investigators who also allegedly failed to research his claim.
- The Commission dismissed for lack of probable cause; Rosu pursued Article 78 proceedings which were discontinued for a technical defect, then filed a federal §1983 action claiming due process violations; the district court dismissed the action with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NYCHRC procedures satisfy due process | Rosu argues procedures deprive him of hearing rights and access to evidence. | Defendants contend procedures provide adequate post-deprivation review and do not require additional hearings. | Yes; procedures satisfy due process. |
Key Cases Cited
- Logan v. Zimmerman Brush Co., 455 U.S. 422 (1982) (two-step due process inquiry; post-deprivation review can suffice)
- Spinelli v. City of New York, 579 F.3d 160 (2d Cir. 2009) (post-deprivation process can validate due process)
- Catanzaro v. Weiden, 188 F.3d 56 (2d Cir. 1999) (necessity of meaningful post-deprivation review)
- Kremer v. Chemical Construction Corp., 456 U.S. 461 (1982) (SDHR-like procedures with review satisfy due process)
- Mitchell v. Nat'l Broad. Co., 553 F.2d 265 (2d Cir. 1977) (SDHR procedures can be sufficiently fair for due process)
- State Div. of Human Rights On Complaint of Speller v. N.Y. State Drug Abuse Control Comm’n, 59 A.D.2d 332 (1977) (informal on-record opportunities; appeal rights)