The New York State Division of Human Rights [DHR] adopted the recommended order of the Administrative Law Judge dismissing Petitioner's disability and age discrimination complaints. Petitioner appealed the DHR's decision.
The Appellate Division unanimously confirmed DHR's determination that the Employer had not engaged in unlawful discrimination on the basis of age or disability, finding that the DHR's ruling was supported by substantial evidence.
The court noted that "[t]he record provides ample evidence to support [the Employer's] proffered reason that Petitioner's termination was due to work performance issues and Petitioner failed to show that the Employer's legitimate reasons for terminating Plaintiff's employment were a pretext for discrimination.
Citing Matter of White, 160 AD3d at 448, the Appellate Division also noted that a court may not substitute its judgment for DHR's, even if a contrary decision might have been reasonable.
Click HERE to access the Appellate Division's decision posted on the Internet.