Freudenthal v. County of Nassau, 99 N.Y.2d 285 (2003)
A claimant pursuing an administrative complaint with the New York State Division of Human Rights for unlawful discrimination is not required to file a notice of claim with the county as a condition precedent to the Division’s review of the complaint.
Summary
Anita Freudenthal filed a complaint with the New York State Division of Human Rights after her termination from the Nassau County Department of Health, alleging gender and age discrimination. The Division later sought to dismiss the complaint due to Freudenthal’s failure to file a notice of claim with Nassau County within 90 days of her termination, as required by County Law § 52(1). The New York Court of Appeals held that filing a notice of claim is not a prerequisite for pursuing an administrative complaint with the Division of Human Rights, emphasizing the legislative intent to provide a simplified alternative to litigation for resolving discrimination claims.
Facts
Anita Freudenthal was terminated from her position as Chief of the Office of Marine Ecology for the Nassau County Department of Health on January 9, 1992.
In April 1992, Freudenthal filed a discrimination complaint with the New York State Division of Human Rights, alleging her termination was due to gender and age discrimination.
The Nassau County Department of Health was promptly notified and responded that Freudenthal’s position was eliminated due to budget cuts.
The Division found probable cause for discrimination and recommended a hearing or arbitration.
In July 1999, the Division sought to dismiss the complaint because Freudenthal had not filed a notice of claim with the County within 90 days of her termination.
Procedural History
Freudenthal initiated a judicial proceeding seeking a declaratory judgment that her failure to file a notice of claim was not a valid reason to dismiss her administrative complaint.
Supreme Court ruled in favor of Freudenthal, declaring that she was not required to serve Nassau County with a notice of claim before pursuing relief from the Division of Human Rights.
The Appellate Division affirmed the Supreme Court’s decision.
Issue(s)
Whether a claimant pursuing an administrative complaint with the New York State Division of Human Rights for unlawful discrimination must file a notice of claim with the county within 90 days of the alleged discriminatory act, as a condition precedent to the Division’s review.
Holding
No, because requiring a notice of claim prior to pursuing administrative relief before the Division of Human Rights is inconsistent with the legislative intent to provide a simplified alternative to litigation for resolving discrimination claims.
Court’s Reasoning
The Court of Appeals emphasized the comprehensive statutory scheme of the New York Human Rights Law, designed to combat employment discrimination and provide a framework for redress through the Division of Human Rights.
The Court highlighted the Division’s special expertise in adjudicating Human Rights Law claims and its ability to offer remedies not available in court.
The Court noted that Executive Law § 297 sets forth the procedures for filing and resolving complaints with the Division, specifying a one-year limitation period for filing a verified complaint. Freudenthal complied with this requirement.
The Court distinguished this case from Mills v. County of Monroe, where the notice of claim requirement was applied to a judicial action, not an administrative proceeding before the Division of Human Rights.
The Court reasoned that the Legislature was aware of statutes of limitations outside Executive Law § 297(5) that apply to discrimination claims brought in court, but did not extend those limitations to Section 297 proceedings.
The Court found no evidence of legislative intention to classify a Division of Human Rights proceeding as an “action or special proceeding” referenced in the general notice of claim provisions. The court stated, “Nothing in the Human Rights statutes or regulations suggests that an aggrieved party is required to take any action prior to seeking administrative relief beyond timely filing a complaint with the Division, nor would judicial imposition of such a requirement be consistent with the Legislature’s intent to provide aggrieved parties a simplified alternative to litigation as a means to resolve discrimination claims.”
The Court explicitly stated that to the extent that Board of Educ. of Union Free School Dist. No. 2, E. Williston, Town of N. Hempstead v New York State Div. of Human Rights (Arluck) suggested that a petitioner must file a notice of claim prior to pursuing administrative relief from the Division, it is not to be followed.