ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

December 05, 2014

The jurisdiction of New York State’s Division of Human Rights is limited to resolving complaints of alleged unlawful discrimination involving an employer, an employment agency, or a labor union


The jurisdiction of New York State’s Division of Human Rights is limited to resolving complaints of alleged unlawful discrimination involving an employer, an employment agency, or a labor union
Malcolm v New York State Dept. of Labor, 2014 NY Slip Op 07852, Appellate Division, Fourth Department

Bernice Malcolm filed a complaint of unlawful discrimination with the New York State Division of Human Rights in which she named the New York State Department of Labor [DOL] as one of a number of respondents.

The New York State’s Division of Human Rights dismissed that part of her complaint that alleged unlawful discrimination on the part of the New York State Department of Labor “for lack of jurisdiction.” Supreme Court sustained the Division’s decision and Malcolm appealed.

The Appellate Division affirmed the lower court’s ruling, holding that Supreme Court’s dismissal with respect to DOL was not arbitrary or capricious. The court explained that DOL was not Malcolm’s employer nor was it an employment agency or a labor organization.*Accordingly, said the court, subdivisions (a), (b) and (c) of §296.1, of the Executive Law were inapplicable with respect to DOL and the State's Division of Human Rights lacked jurisdiction of over the matters alleged in Malcolm’s complaint with respect to that agency.

* §292 of the Executive Law defines the terms “employer,” employment agency and labor organization for the purposes of Article 15, the State’s Human Rights Law.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2014/2014_07852.htm
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com