Second Circuit Holds That New York City Commission on Human Rights’ Procedures Satisfy Constitutional Due Process

Rosu v. City of New York, No. 13-cv-243 (2d Cir. Feb. 7, 2014): Underlying this case, Mircea Rosu filed a complaint with the New York City Commission on Human Rights alleging that his manager and coworkers discriminated against him. After the Commission dismissed his complaint for lack of probable cause, Rosu filed an action in federal court pursuant to 42 U.S.C. § 1983. Rosu argued that the Commission’s procedures for investigating and processing administrative complaints violate the 14th Amendment’s due process requirements because the procedures permitted the dismissal of his complaint without a hearing. However, the Second Circuit Court of Appeals held that the lack of a hearing did not violate due process because the Commission provides an adequate review process and because, after dismissal by the Commission, claimants can appeal the determination to both the Commission and the New York courts. The Second Circuit also noted that requiring a hearing for a complainant to present his or her case prior to the initial determination would not necessarily make mistakes less likely, and would “undoubtedly” tax the resources of the Commission and slow the processing of complaints, potentially depriving others of their timely process. The decision therefore cuts off one potential avenue for review by claimants following dismissal by the Commission.