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March 03, 2011

Administrative law judge denies employee’s attempt to convert a disciplinary hearing into a “disability proceeding”

Administrative law judge denies employee’s attempt to convert a disciplinary hearing into a “disability proceeding”
NYC Human Resources Administration v Krisilas, OATH Index #931/11

A clerical associate was charged with sleeping on duty, absence without leave, excessive lateness, and discourtesy to a supervisor. The employee’s attorney moved to dismiss the disciplinary charges and convert the matter to a disability proceeding, claiming his client suffered from a disability.

OATH Administrative Law Judge Ingrid Addison denied the motion, ruling that an employer's duty to accommodate an employee's disability is triggered by the employee's request for accommodation and is limited to disabilities known by the employer.

Here, said Judge Addison, the employee never told the agency he suffered from a disability for which he needed accommodation. Nor, said the judge, did the evidence establish that the employee's misconduct was caused by a disability.

The ALJ held that the disciplinary charges were proven in the course of the disciplinary hearing and recommended that the individual be terminated from his position.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/11_Cases/11-931.pdf
.

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