Legal Question in Disability Law in New York

Descrimination

I am a art teacher. I am Hispanic and just came back from maternity leave. I am not tenure and three weeks after my returning to work I have been pushed to resign my job. I had good observations last year. This year It has all changed. Since returning to work my principal wrote a memorandum stating that I was going to be put on a Teacher Improvement Plan, yet I had not been formally observed yet this year. I work in two different schools and one principal has not observed me yet. They are asking for my resignation and they are rushing this manner. As I stated above three weeks after returning to work everything flipped. What is the best action I should take? Is there a discrimination case, or should I put in my resignation? I have been speaking with my Union, yet they tell me that because I�m not tenure, pretty much there is nothing they can do. Any advice would be great! Thanks


Asked on 2/15/07, 9:24 am

3 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Descrimination

There was a recent case involving a pregnant bus diver forced to work through a difficult pregnancy resulting in a miscarriage. She was successful in her suit against the Transit authortiy. I am not sure if the facts are the same or different from your situation but if you are still having difficulties , why not give me a call?

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Answered on 4/02/07, 12:10 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Discrimination

The tenure does not make it impossible,

only more difficult. However, you must tell me if there is discrimintion,

or hostility, not the other way around.

I understand you say this happened without reviews this year. If you like,

email or call me for an appointment.

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Answered on 2/15/07, 3:30 pm
Jason Stern Law Offices of Jason Stern

Re: Discrimination

This is more common than you might think. Retaliation for taking medical leave after giving birth is discriminatory. YOU SHOULD NOT RESIGN UNDER ANY CIRCUMSTANCES! Please call or email my office to further discuss this matter.

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Answered on 2/15/07, 3:46 pm


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