Believing she was a victim of discrimination, Mildred Block filed a claim against her employer with the New York City Commission of Human Rights.
When both the Commissioner and the New York County Supreme Court concluded that she hadn't demonstrated an entitlement to relief, Block appealed to the Appellate Division, First Department.
Block based her claim on her employer's decision to change her assignment from a "portable beer stand" at Shea Stadium to a stationary one--where the young lady earned fewer tips.
Because that reassignment wasn't seen as "materially adverse," and since she received the same salary--and her employment remained subject to the same terms and conditions--the lady struck out with the AD1.
Once more around the Block?
To view a copy of the Appellate Division's decision, please use this link: Matter of Block v. Gatling