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May 15, 2020

Employee's refusal to attend employer's mandatory "sensitivity" training program constituted insubordination

The New York City Department of Social Services Human Resources Administration [HRA] brought disciplinary charges against a job opportunity specialist [JOS], alleging he committed insubordination by repeatedly refusing to attend mandatory Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (“LGBTQI”) training.

JOS testified and identified himself as a Southern Baptist Christian and quoted Bible excerpts that disapproved of homosexuality and insisted that he refused to attend the training because of his religious beliefs, but that he had no problem serving LGBTQI clients.

OAYH Administrative Law Judge Kevin F. Casey found that HRA established a compelling need for the training program, and found that HRA issued orders to JOS to attend, which he was required to obey, and sustained the insubordination charge.

HRA sought a 45 day suspension without pay. Judge Casey noted that JOS had no prior disciplinary record and found a 45-day suspension to be excessive and inconsistent with principles of progressive discipline, and instead recommended a 10 day suspension.

The decision is posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/20_cases/20-1094.pdf

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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