Legal Question in Discrimination Law in New York

Discrimination

Here is the situation:

My son is a member of a private ice hockey club.

Myself and a Dad from another family had an affair and were found out.

He has told everyone that there was no affair, that I was stalking him. I can disprove this relatively easily.

Based on these allegations, I am facing diciplinary consequences at the rink.

I have two questions:

1)The hockey club has listened to his side of the story, but not mine. If they refuse to hear my side, could they be committing gender discrimination based on listening to the man's story and not the woman's.

2) Can I sue the other party in the affair for libel/slander/defamation or anything like that based on accusing me of stalking that is not true?


Asked on 1/17/08, 12:13 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Discrimination

1. If you are an employee of the rink, as you would have to be, then yes, it sounds as if they are discriminating on the basis of gender. They could have another explanation that would sound reasonable, and you ought to expect one.

2. If he has accused you of "stalking" (using that word,) it constitutes a crime for which one can be prosecuted. If it is a false statement, it constitutes slander per se. (The law presumes the damages in a per se case, as opposed to a situation where the actions described do not necessarily consist of a crime.)

If you wish to discuss this feel free to contact me.

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Answered on 1/17/08, 12:31 am


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