From the Office of the State Comptroller

From the Office of the State Comptroller

DiNapoli: Fire District Mismanaged Funds

The Thiells–Roseville Fire District made more than $60,000 in questionable payments and inappropriate gifts, according to an audit released on May 24, 2012 by State Comptroller Thomas P. DiNapoli.


DiNapoli: DEC Employee Who Cheated Taxpayers Pleads Guilty

A former biologist with the state Department of Environmental Conservation Tuesday pleaded guilty to petit larceny in Albany County Court and paid $15,000 in restitution for spending several hours a week at a local bar instead of performing his work duties, State Comptroller Thomas P. DiNapoli said.


Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli announced his office completed the following audits: the Town of Bath; the Village of Bath; the Town of Lloyd; the Town of Moreau; the Town of Parish; the Town of Saugerties; the Town of Taghkanic.; the New York City Health and Hospitals Corporation; the State Education Department; and, the Department of Motor Vehicles .

Findlaw – Human Resources Newsletter

Findlaw – Human Resources Newsletter

Table of contents for the week of May 29, 2012

Please click on title to access the item.

DOES 'TOO HOT' WOMAN HAVE AN EEOC CLAIM IN AN 'AT WILL' EMPLOYMENT STATE? (Philadelphia Employment Law News) - Recently, Lauren Odes claimed that she was fired for being "too hot" from the lingerie wholesaler where she worked. The New York Magazine also reported that Odes, with the help of her attorney, Gloria Allred, filed an EEOC complaint charging gender and religious discrimination.

LOST YOUR JOB? WHO HASN'T? FINDLAW'S GUIDE HELPS YOU THROUGH (Philadelphia Employment Law News) - Well, it looks like the Sixers held on to their jobs against the Celtics. But not so lucky are Dexter Pittman and Udonis Haslem of the Miami Heat, who are suspended after a recent game.

WHAT DOES THE EEOC HAVE TO DO BEFORE IT CAN FIGHT DISCRIMINATION? (The Chicago Employment Law Blog) - Judge Ruben Castillo, of the U.S. District Court for the Northern District of Illinois, released an opinion last week that might just lead to the Supreme Court in a few years. The case stems from the Equal Employment Opportunity Commission's role as guardian of the discriminated and disabled.

FINDLAW POLL: PEOPLE PAD RESUMES, IT HURTS (The Chicago Employment Law Blog) - Here at FindLaw, we’re not just excellent explicators of existing law. We don’t just react to news stories. We also do original research.

EX-TIME WARNER EMPLOYEE SUES OVER PORN AT WORK (FindLaw's Law & Daily Life) - Time Warner Cable has been hit with another discrimination lawsuit, this time by a former employee in New York. Keith Reid worked in the company's New York City maintenance department for about 9 years before he was fired earlier this year.

JACK'S PLACE ROBBERY: A WORKERS' COMP CLAIM WORTHY OF A RAP STAR (The Houston Employment Law Blog) - While it seems like only stars in the hip hop world get paid if they survive a shooting, workers' comp insurance just might pay a regular Joe if he got shot at work.

BEST BUY CEO BRIAN DUNN GETS $6.6M SEVERANCE PACKAGE AFTER SCANDAL (FindLaw's In House) - Best Buy CEO Brian Dunn may have stepped down in early April, but we're only now learning about the intimate details of his relationship with a 29-year-old employee. And the amount of his severance package, of course.

WAITRESSES' 'NO FATTIES' LAWSUIT CAN GO TO JURY (FindLaw's Law & Daily Life) - Two former New York City waitresses will soon be meeting with a jury. A state appeals court has agreed that Kristen McRedmond and Alexandria Lipton can sue South Place Restaurant & Bar for retaliation and discrimination. They claim they were fired after complaining about the bar's "no fatties" policy.

Employee who failed to attend administrative disciplinary hearing tried in absentia

Employee who failed to attend administrative disciplinary hearing tried in absentia

OATH Index #871/12

The employee failed to appear at the disciplinary hearing and the employer proceed to  established charges alleging various acts of misconduct and, or, insubordination in absentia.*

OATH Administrative Law Judge Alessandra F. Zorgniotti noted that these acts, as well as the employee’s responses when questioned about them, demonstrated that the employee refused to acknowledge his supervisor’s authority over him and would not change his ways. 

Notwithstanding the fact that the employee had never previously been served with disciplinary charges, Judge Zorgniotti recommended termination of employment.

* Courts have held that the employer may proceed with the disciplinary action even though the employee is not present. The hearing may proceed and the employee tried in absentia provided the appointing authority made a diligent effort to contact the employee to inform him or her that the disciplinary hearing had been scheduled and would take place even if he or she did not participate.

The decision is posted on the Internet at:

http://archive.citylaw.org/oath/12_Cases/12-0871.pdf

Alteration of an employee’s duties and responsibilities standing alone not sufficient to establish a prima facie case of discrimination within the meaning of the Human Rights Law

Alteration of an employee’s duties and responsibilities standing alone not sufficient to establish a prima facie case of discrimination within the meaning of the Human Rights Law

After a “literacy coach” was reassigned to a classroom teacher position, the employee filed a complaint alleging the reassignment constituted an unlawful adverse employment action. The Appellate Division disagreed, concluding that none of the employment actions complained of by the employee rose to the level of an adverse employment action.

The court said that the transfer from the position of literacy coach to a classroom teacher was "merely an alteration of [the educator's] responsibilities" and not an adverse employment action, pointing out that apart from a change in the nature of her duties, the individual "retained the terms and conditions of her employment, and her salary remained the same."

As to the teacher’s allegation that she was the victim of unlawful discriminated after her transfer back to the classroom teaching position because she was subjected to ”a relentless stream of reprimands,” the Appellate Division ruled that this was not sufficient to establish a prima facie case of unlawful discrimination. The court noted that “Notwithstanding the frequent reprimands, the teacher received a satisfactory end-of-year performance rating and none of the reprimands resulted in any reduction in pay or privileges."

Addressing the teacher’s complaint of unlawful discrimination based an alleged failure of the employer “to reasonably accommodate her disabling condition,” the court said that the teacher “concedes that [the employer] provided her with a ‘satisfactory’ accommodation in the form of moving her classroom from the fourth to the second floor, with ‘no escort duty.’"

Finally, the Appellate Division said that the teacher had failed to show that her "workplace was permeated with ‘discriminatory intimidation, ridicule and insult’ that [was] sufficiently severe or pervasive to alter the terms or conditions of' employment, so as to make out a claim for hostile work environment.”

Finding that the employee's allegations of unlawful discrimination was properly dismissed as none of the employer’s actions complained of constituted an adverse employment action, the Appellate Division affirmed the Supreme Court’s order granting the City’s motion for summary judgment dismissing the complaint.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2012/2012_03935.htm