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Jun 25, 2026

Disabled police officer placed on restricted duty because of a disability claimed unlawful discrimination as a result of his loss of opportunities to earn overtime pay

Plaintiff, a former New York Police Department [NYPD] detective, alleged he suffered unlawful discrimination within the meaning of the City of New York's Human Rights Law [HRL] as the result of his being placed on restricted duty because of his disability. 

Plaintiff contended that he was deprived of opportunities to receive overtime pay at a rate equal to his similarly situated colleagues who did not have a disability. The Appellate Division said that "Supreme Court properly found that [Plaintiff] failed to state a cause of action for discrimination under the City's HRL, citing Harrington v City of New York, 157 AD3d 582. 

Further, the Appellate Division found that Plaintiff "provided no support for his allegation that the NYPD had a policy that prevented him from receiving overtime opportunities because of his disability".

In the words of the Appellate Division, "it cannot be inferred from the overtime hours given to [Plaintiff's] colleagues that [NYPD] discriminated against [Plaintiff] based on his disability

Click HERE to access the Appellate Division's decision posted on the Internet.



Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.

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