Friday, 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
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Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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