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Ex-YWCA employee’s complaint dismissed by state

WESTFIELD — A former employee’s discrimination/retaliation complaint against YWCA Westfield has been dismissed by the New York State Division of Human Rights, the YWCA of Westfield announced this morning.

On May 25, Brenda Backus, the former child services director for YWCA Westfield filed a complaint saying the YWCA engaged in unlawful discriminatory practice relating to employment because of opposed discrimination/retaliation in violation of N.Y. Executive Law, article 15 (Human Rights Law).

On Nov. 18, 2016, after investigation and review, the Division determined no probable cause to believe YWCA Westfield has engage in or is engaging in the alleged unlawful discriminatory practice. The Human Rights Division found that  Backus was suspended, and then terminated from her job because, after learning the Board of Directors had voted to withdraw from the contract/grant process for an Early Head Start program, she chose to send e-mails to various community partners and to create a post on the YWCA Facebook page in which she disagreed with their explanation.

Backus stated she was terminated for having opposed discrimination toward the potential users of the Early Head Start program. According to the determination order, the letter of terminating Backus’ employment with YWCA Westfield stated Backus was terminated for breach of confidentiality for sending an e-mail to Chautauqua Opportunities and other organizations the board’s intent to withdraw and for violation of her duty of loyalty for having posted a disloyal, disruptive and damaging post representing her views as that of the YWCA on that organization’s Facebook page.

The review of documents provided by both parties indicated the YWCA’s primary reason for withdrawing from the Early Head Start grant/contract process was the cost and the risk of having a federal lien on their property that is normally a requirement with of the program.

The evidence presented to the New York State Division of Human Rights by both sides was found not to support a reasonable belief Backus was terminated in retaliation for opposing discrimination in the workplace. Both parties may appeal the decision within 60 days.

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