This action is the result of a press release issued by the New York City Commission on Human Rights. The release allegedly led to the identification of plaintiff as HIV positive. Plaintiff claims that the release breached one of the terms of a conciliation agreement signed by the Commission. The complaint contains a cause of action for breach of contract. The complaint also asserts a cause of action under 42 U.S.C. § 1983, alleging a violation of a constitutional right of privacy. Finally, the complaint claims violation of plaintiff's right of confidentiality guaranteed under New York Public Health Law § 2782(1).
Defendants are the Commission; its commissioner, Dennis deLeon; and a Commission employee, Karen Arthur.
Defendants move to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6). The motion is granted.
The following are the allegations in the complaint.
Plaintiff was one of several hundred employees of Pan Am who was laid off when Pan Am went into bankruptcy in 1991. Plaintiff interviewed for a job with Delta which took over many of Pan Am's routes, but he was not hired.
On February 18, 1992 plaintiff filed a complaint against Delta with the New York City Commission on Human Rights alleging that Delta had failed to hire him because of his sexual orientation, and because he was HIV positive.
On August 3 the Law Enforcement Bureau of the Commission, Delta and plaintiff entered into a conciliation agreement whereby plaintiff was hired by Delta. Plaintiff also received retroactive back pay and seniority privileges as well as monetary damages.
Paragraph 18 of the conciliation agreement provides as follows:
Except as required by any court or agency or upon the written consent of Doe or his attorney, Delta and the [Commission's Law Enforcement] Bureau agree not to disclose Doe's given name through any oral or written communication which identifies Doe by his given name as the plaintiff in this lawsuit or as a settling party to this Conciliation Agreement to any person that is not a party to or involved with this proceeding.