Sowich v. County of Oneida
35 Misc. 3d 486
| N.Y. Sup. Ct. | 2011Background
- Plaintiff worked for Oneida County Department of Social Services from Jan 2007 to Mar 2010.
- She alleges a January 2010 harassment campaign by her direct supervisor caused psychological harm.
- Plaintiff alleged union representation failed to pursue a grievance and may have been pursuing it on her behalf.
- She alleges termination in Mar 2010 for purported misconduct, with post-termination hearing rights tied to the CBA.
- Plaintiff alleges retaliation and stigma, leading to damages and claims under federal and state law.
- Sixth claim arises from alleged HRL violation, with notice-of-claim issues under County Law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff’s due process rights were violated by lack of post-termination hearing | Sowich (plaintiff) relied on union to pursue hearing | Union discretion governed post-termination hearing rights | Motion to dismiss denied; issue vague; discovery needed |
| Whether plaintiff has a cognizable liberty interest requiring a name-clearing post-termination hearing | Defendants' statements harmed Goetz-like liberty interest | Goetz-based damages not resolved here | Plaintiff stated a liberty-interest claim; second cause survives for now |
| Whether Title II ADA claims can proceed as employment discrimination | ADA Title II may cover employment discrimination | Title II does not apply to employment; should be Title I | Third, fourth, fifth causes dismissed; employment claims not cognizable under Title II |
| Whether Rehabilitation Act claims require administrative exhaustion | Plaintiff may sue directly for §504 violations | Exhaustion not required for §504 in private actions | Rehabilitation Act claims survive; exhaustion not required for §504 claims against non-federal employers |
| Whether HRL claim should be dismissed for failure to plead notice of claim | Notice of claim sufficed to raise HRL claims | Notice did not allege HRL discrimination | Sixth cause dismissed for failure to state HRL claim based on notice |
Key Cases Cited
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) (property interests defined by state law; post-termination hearing required when there is a property interest)
- Board of Regents v. Roth, 408 U.S. 564 (1972) (property interests arise from existing rules or understandings; due process inquiry follows)
- Goetz v. Windsor Cent. School Dist., 698 F.2d 606 (2d Cir. 1983) (liberty interest implicated when false stigmatizing statements accompany termination)
- Scherman v. New York State Banking Dept., 443 Fed. Appx. 600 (2011) (title II not intended for employment discrimination; assumes due process concerns in union contexts)
- Zimmerman v. Oregon Dept. of Justice, 170 F.3d 1169 (9th Cir. 1999) (title II employment issue highlighted; caution on redundancy with Title I)
- Ciambriello v. County of Nassau, 292 F.3d 307 (2002) (due process waiver considerations for post-termination hearing)
- Gansas v. City of New York, 240 F. App’x 435 (2007) (waiver of rights; adverse hearing sufficiency depends on opportunity, not waiver alone)