A New York City Office of Administrative Hearings and Trials Administrative Law Judge [ALJ], Kara J. Miller, recommended the dismissal of disciplinary charges against filed against a child protective specialist supervisor [Employee] employed by the Administration for Children’s Services [Employer] after disciplinary hearing. Judge Miller found that the Employer had not proven that the Employee had engaged in misconduct.
The Employer had alleged that the Employee had used disrespectful language and had acted in a threatening manner towards the Employee's supervisors and was insubordinate when she refused to complete an assignment, among other charges.
The Employer sought to offer two internal religious discrimination complaints the Employee had filed with the Employer’s Office of Equal Employment Opportunity to impeach the Employee’s witnesses for hostility and bias.
The ALJ accepted the documents because evidence that a witness bears some bias may be adduced to show that the Employer’s factual allegations are untrue but rejected the offering of any exhibits that went beyond the limited scope of impeachment.
Although Judge Miller found that the Employee was impolite, the Employer’s witness testimony was insufficient to prove misconduct as "the testimony was exaggerated, embellished, and exhibited bias against the Employee]"
Further, the ALJ found that the Employee was given ambiguous directions with respect to the assignment she allegedly refused to complete and therefore was not insubordinate for lack of requisite intent.
Accordingly, the ALJ recommended the Employer dismiss the disciplinary charges it filed against the Employee.
Click HERE to access Judge Miller's decision posted on the Internet.
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