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Court annuls Commissioner of Human Rights' determination because it lacked substantial evidence to support a finding of unlawful discrimination

Court annuls Commissioner of Human Rights' determination because it lacked substantial evidence to support a finding of unlawful discrimination
Matter of Suffolk County Community Coll. v New York State Div. of Human Rights, 61 AD3d 881

The Commissioner of the New York State Division of Human found Suffolk County Community College had engaged in unlawful racially discriminatory practices against one of its employees and retaliated against him. It awarded the employee $50,000 in damages. Suffolk appealed.

The Appellate Division found that the Commissioner's determination was not supported by substantial evidence and vacated the determination and the award.

The court noted that the charging party admitted that the majority of incidents of which he complained were related to the use of profanity and poor hygiene practices and not motivated by racial animus.

Further, said the court, the proof adduced at the hearing did not show that the worker had been subjected to a hostile work environment in which his workplace was so permeated with discriminatory intimidation, ridicule, and insult as to alter the condition of his employment and create an abusive work environment.

In order to recover pursuant to the State?s Human Rights Law, for alleged discriminatory practices of its employees, it must be shown that the employer became a party to such practices by encouraging, condoning, or approving them.

The Appellate Division noted the several steps taken by the college in addressing the fewer than 20 incidents spread over a period of four years that was the genesis of the employee?s complaint:

1. Suffolk investigated all of the incidents brought to its attention by the complainant and addressed them accordingly;

2. The College contacted the local police department to investigate an incident that was potentially motivated by racial animus; and

3. Suffolk employed an ?outside agency? to conduct an investigation of any systemic problems in the department in which the employee worked.

The decision then reports that ?neither the police department nor the outside investigating agency found any evidence of racially discriminatory practices at the College.

Accordingly, the Appellate Division annulled the Commissioner?s determination and dismissed the administrative complaint.

Full post as published by New York Public Personnel Law on February 03, 2010 (boomark / email).