Legislator wins appeal in US Court of Appeals

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Dutchess County Legislator Will Truitt

MANHATTAN – The United States 2nd Circuit Court of Appeals has overturned a lower court’s decision that denied a county legislator’s lawsuit that he was illegally terminated from his position with a local bank.

Dutchess County Legislator William Truitt (R-Hyde Park) was working in the mortgage department of Riverside Bank, a subsidiary of Salisbury Bank and Trust in 2018.  He was also serving as a county legislator.  When Truitt decided to run for the New York State Assembly, he said the bank told him he had to make a choice regarding employment.  The Bank advised Truitt that he had to choose between running for office and continuing his employment with the Bank. Truitt decided not to discontinue his campaign, and his employment with the Bank ended, with his resignation from the bank.

Truitt sued the bank in federal court, contending that the bank violated New York Labor Law § 201-d by requiring him to cease protected political activity as a condition of retaining his employment at the bank. The statute makes it unlawful for an employer to discharge or discriminate against an employee for engaging in specified political activities outside of working hours, namely running for political office.

The district court ruled in favor of Riverside Bank, saying that because Truitt voluntarily resigned from his position and was not constructively discharged, his suit could not succeed.  Truitt appealed to the 2nd Circuit Court of Appeals.

In ruling in favor of Truitt, the appellate court said in part, “We are not persuaded by the Bank’s argument that it gave Truitt a genuine choice and that he voluntarily resigned. The Bank determined that a job as an assembly member was incompatible with Truitt’s job as a mortgage lending officer.”  The court vacated the judgment rendered to Riverside Bank and remanded it to the lower court.

After learning of the decision, Truitt said, “This landmark ruling by one of the most powerful appellate courts in the nation represents an overdue notice to employers that flagrant discrimination against employees for engaging in protected political activity outside of the workplace will not be tolerated in the State of New York.”

Truitt also said, “I will never allow myself to be walked on or treated unfairly, especially by those bigger and more powerful. We all deserve a fair shake at achieving our American Dream without intimidation from those who would prefer to see us fail, and after five years of litigation, I am thrilled to see our judicial system moving in that direction.”

The 2nd Circuit’s decision, ruled on by three judges, can be found here.




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