Labor & Employment Law

Records supports finding that applicant was not rejected because of any disability

By Harvey Randall, Esq.

Records supports finding that applicant was not rejected because of any disability
Isaksson-Wilder v New York State Div. of Human Rights, 43 A.D.3d 921, Appellate Division, Second Department

A New York State Division of Human Rights? Administrative Law Judge [ALJ] found that Kimberly Isaksson was not subjected to discriminatory practices. The Commissioner of Human Right adopted the ALJ?s findings and recommendations and dismissed Isaksson?s administrative complaint. Isaksson appealed.

The Appellate Division confirmed the Commissioner?s determination and dismissed Isaksson?s petition ?on the merits.?

Isaksson?s complaint charged the Connetquot Central School District of Islip with an unlawful discriminatory practice in violation of Executive Law §296(a)(1) for allegedly refusing to hire her on the basis of her mental disability.

In dismissing her petition, the court said that there was substantial evidence in the records to support the Commissioner?s decision, including evidence that the individuals responsible for hiring teachers at the school district were unaware that Isaksson was disabled nor was there any evidence that they perceive her to be disabled.

Full post as published by New York Public Personnel Law on April 23, 2008 (boomark / email).