ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

December 01, 2023

Recent decisions by Administrative Law Judges posted on the Internet by New York City's Office of Administrative Trials and Hearings

Accommodating a disability

OATH Administrative Law Judge Christine Stecura recommended an agency engage with its employee in a cooperative dialogue to discuss potential accommodations for the employee’s disability.

In a Civil Service Law Section 72 proceeding regarding the employee’s fitness to perform her duties, Judge Stecura found the agency established that the employee has a disability which rendered her unfit to perform her duties when working physically in the office.

The ALJ found the employee had requested a reasonable accommodation to work from home and the agency failed to engage in a cooperative dialogue with her to determine if her disability could be reasonably accommodated by employee working at home.

The ALJ also found the agency failed to establish that it had probable cause to place the employee on one of two emergency leaves and recommended restoration of salary or leave balance to the employee for that period of emergency leave.

Click HERE to access Judge Stecura's findings and recommendations posted on the Internet.

 

Inability to perform the duties of the position

OATH Administrative Law Judge Julia Davis recommended dismissal of disciplinary charges filed against an employee she found suffered a disability that resulted in frequent outbursts at work, interfered with her ability to interact with colleagues and supervisors, prevented her from completing the training required for her position, and resulted in other disruptive behavior at work. 

Judge Davis indicated that disciplinary penalties cannot be imposed "if the alleged acts of misconduct were caused by a disability."

Finding the employee has neither acknowledged her issues nor sought help and there is no present possibility that her medical condition will improve, the ALJ recommended placing the employee on an involuntary leave of absence as the employee’s disability renders her "unable to perform the functions of her job".

Click HERE to access Judge Davis' findings and recommendations posted on the Internet.


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.
New York Public Personnel Law Blog Editor 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