Pierre v. Chemical Bank

Memorandum and Order

WEINSTEIN, Senior District Judge:

I.Introduction

Plaintiff alleges denial of his right to equal employment opportunity while working at Chemical Bank. N.Y.S. Human Rights Law, Executive Law § 296. Defendants move for summary judgment. Only one matter warrants discussion — their contention that filing a complaint with the New York City Commission on Human Rights constituted a binding election not to sue even though the City Commission was not competent to hear the case. This issue appears to be a matter of first impression.

No election of remedies took place because the City…