A complaint was filed against Tarter Krinsky & Drogin's client by one of its former employees. The former employee alleged that his performance was outstanding and that during his employment he was subjected to discriminatory treatment based on his religion and national origin. These factors, he claimed, also motivated his discharge.

In a detailed submission to the New York State Division of Human Rights, Tarter Krinsky & Drogin argued persuasively that the employee was, in fact, underperforming in his position and that he had actually thanked and praised the efforts of the supervisor he was now claiming had discriminated against him. Evidence was also produced that the employee had resigned from his job and gone to work for a competitor.

The Division of Human Rights found no probable cause to believe that the law had been violated and dismissed the complaint.