Severance Pay Is Not Adverse Employment Action, New York Federal Judge Rules

BUFFALO, NY – In separate yet nearly identical opinions, a New York federal judge on Jan. 10 dismissed two race discrimination complaints filed by former employees of the Niagara Falls, N.Y., prisoner detention center on several grounds, including that the plaintiffs did not suffer an adverse employment action because the severance pay offered to them by the city “was a privilege rather than a right” (Mary Richardson v. City of Niagara Falls, New York, et al., No. 09-824, W.D. N.Y.; 2012 U.S. Dist. LEXIS 2661; Daniel Coates v. City of Niagara Falls, New York, et al., No. 09-933, W.D. N.Y.; 2012 U.S. Dist. LEXIS 2660).

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