Labor & Employment Law

Section 75 disciplinary action not appropriate where mental disability is involved
Human Resources Admin. v. Anonymous, OATH Index No. 228/08

Administrative Law Judge [ALJ] Alessandra F. Zorgniotti dismissed disciplinary charges filed against an employee after concluding that employee?s conduct was most likely due to a mental disability. The evidence showed that employee failed to follow supervisor?s orders, was absent without approval, intimidated and threatened supervisors, used inappropriate language, and was unruly. The employee?s counsel provided evidence that she had been involuntarily hospitalized for psychiatric evaluation, and several witnesses testified to her bizarre behavior. Because a misconduct proceeding Civil Service Law Section 75 of the Civil Service law requires a showing of willful or intentional conduct, the ALJ held that unfitness caused by disability is more properly dealt with by a proceeding under Civil Service Law Section 72.

Full post as published by New York Public Personnel Law on May 19, 2008 (boomark / email).