Results 1 to 4 of 4
  1. #1
    Join Date
    Oct 2010
    Posts
    1

    Default Sued After Reporting Suspected Gender Discrimination

    My question involves civil rights in the State of: New York:
    I believe I was not allowed service by a business because of my gender. I asked a government agency to investigate my claim. The business is now suing me for deformation/libel. I know anybody and sue anybody but I dont see how deformation applies especially since the government is investigating. Does this business have a case? Does anybody know anything about this?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Gender Discrimination/Libel

    On the basis of the minimal facts in your post, no. You haven't given us anywhere near enough information to even make a guess.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Gender Discrimination/Libel

    Quote Quoting whysettle
    View Post
    My question involves civil rights in the State of: New York:
    I believe I was not allowed service by a business because of my gender. I asked a government agency to investigate my claim. The business is now suing me for deformation/libel. I know anybody and sue anybody but I dont see how deformation applies especially since the government is investigating. Does this business have a case? Does anybody know anything about this?
    ALL facts need to be reviewed by an attorney, however, "facially" you can not sue a person for excercising a right vested in them by law. You have a right to publically complain just as much as a right to file a complaint with the appropriate state/federal agency.

    They will have to prove MALICE to prevail. In other words, you falsely with intent to harm thier business reputation (and they must prove damages) made the allegation.

    Short of catching you on tape admitting it, how can they do this?

    Is the case in small claims? Some states permit it?

    If not consult an attorney right away. It sounds like a "shut her up" lawsuit, without merit. See if they can be countsersued for "Abuse of Process", that is, filing an absolutely frivilous complaint.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Gender Discrimination/Libel

    Complaints to governmental agencies, as well as anything said in court, has either absolute or qualified immunity and can not serve as the basis for a civil action.

    Have you been served? You should hire an attorney. In any case, you should raise an affirmative defense of absolute immunity and/or qualified immunity. You should raise a first amendment defense and of course, truth as a defense. I would also file a counterclaim for abuse of process. Actually, I would raise the immunity defense in a Motion for Summary Judgment, which will extend the time you have for filing an answer.

    Basicly, if you file an answer, the case will get a scheduling order and will go through the normal process of discovery, and so forth, to trial. You don't want to get on that railroad. You need to attack the complaint before filing an answer. You really need an attorney or be a quick learner.

    A Motion for Summary Judgment is the first thing you should do. You want to nip this in the bud as quickly as possible. Other things, such as failure to state a claim, are raised in a Motion to Dismiss. But such a motion is not likely to get a case dismissed and if it does, the court will normally grant leave to amend the complaint to cure any defects. So it is really important to do the Motion for Summary Judgment and file with the clerk of court and serve the plaintiff within the time period you have to file the answer.

    If the summons gives you 20 days to file an answer, that does not mean you really have to file the answer, it means you have to file something that is considered a "responsive pleading" which is what a motion for summary judgment or a motion to dismiss, is. An attorney filing an apperance notice, is not a responsive pleading, for example.


    Beyond the answer, the store has a big burden to overcome and I don't see how they could possibly prevail.

    1. Sponsored Links
       

Similar Threads

  1. Discrimination: Gender Discrimination in Job Duties
    By info4cable in forum Employment and Labor
    Replies: 21
    Last Post: 03-02-2011, 04:36 PM
  2. Discrimination: Gender Discrimination Against Men
    By lurker99 in forum Employment and Labor
    Replies: 5
    Last Post: 01-22-2011, 11:57 AM
  3. Discrimination: Gender Discrimination
    By deebell in forum Employment and Labor
    Replies: 5
    Last Post: 02-27-2008, 02:12 PM
  4. Discrimination: Accused of Gender Discrimination
    By rand12 in forum Employment and Labor
    Replies: 1
    Last Post: 12-04-2006, 07:23 AM
  5. Discrimination: Gender discrimination help
    By DatDude in forum Employment and Labor
    Replies: 1
    Last Post: 08-08-2005, 09:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources