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Thursday, May 18, 2017

An agency investigating a particular complaint on behalf of an employee may not, without prior notice to the employer, make broad findings of fact involving the employer's "over-all operations" and impose sanctions


An agency investigating a particular complaint on behalf of an employee may not, without prior notice to the employer, make broad findings of fact involving the employer's "over-all operations" and impose sanctions

The New York State Division of Human Rights [SDHR] found that the employer's policy of disqualifying all employees with bipolar disorder from working as a bus operator was an unlawful discriminatory act. The Division order the employer to pay a civil fine and penalty of $30,000. Employer appealed and the Appellate Division unanimously annulled the Division's decision and dismissed the complaint.


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