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State Division of Human Rights lacks jurisdiction to consider school board member?s charge that the school board unlawfully discriminated against her

State Division of Human Rights lacks jurisdiction to consider school board member?s charge that the school board unlawfully discriminated against her
Appeal of Antoinette A. Huffine from action of the Board of Education of the South Country Central School District regarding a discrimination complaint, Decisions of the Commissioner of Education, Decision No. 15,893

South Country Central School District board member Antoinette A. Huffine filed a verified complaint with the New York State Division of Human Rights [NYSDHR] alleging discrimination relating to ?unlawful discriminatory actions? relative to her position as a member of the board.
NYSDHR dismissed Huffine?s complaint for lack of jurisdiction. Huffine, said the Division, was an unpaid elected official rather than an employee of the board, and therefore is ?not offered protection under the New York State Human Rights Law.?

Huffine then filed an appeal with the Commissioner of Education, asking the Commissioner to appoint an ?unbiased investigator? to hear her discrimination complaint. The Commissioner declined to do so explaining that she failed to file a petition containing ?a clear and concise statement? sufficiently clear to advise a respondent of the nature of the claim, the relief that she sought, and a showing that she was entitled to such relief.

The Commissioner said that although Huffine?s petition requested that an unbiased investigator be appointed to hear her discrimination complaint, it contained no facts or information pertaining to the underlying complaint or demonstrating that she was entitled to any relief.

Consequently, the Commissioner dismissed Huffine?s petition, holding that she had [1] failed to meet her burden of demonstrating a clear legal right to the relief requested and [2] failed to meet her burden of establishing the facts upon which she seeks relief.

In addition, Commissioner noted that appeals to him were ?appellate in nature? and do not provide for investigations.

The full text of the Commissioner?s decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume48/d15893.htm

Full post as published by New York Public Personnel Law on March 30, 2009 (boomark / email).