(DOWNLOAD) "Matter William Taber v. New York State Human Rights Appeal Board Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter William Taber v. New York State Human Rights Appeal Board Et Al.
- Author : Supreme Court of New York
- Release Date : January 14, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
[64 A.D.2d 990 Page 990] Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated April 18, 1978, which affirmed a determination of the State Division of Human Rights dismissing petitioner's complaint upon a finding of no probable cause to believe respondent railway engaged in an unlawful discriminatory practice related to employment. Petitioner filed a complaint with the State Division of Human Rights charging respondent railroad with refusing to employ him because of a disability in violation of the Human Rights Law. The complaint, filed June 9, 1977, alleges that petitioner first sought employment with respondent as a trainman in July, 1976, that in May, 1977 he was told he would be employed pending the results of a physical examination and that following a physical examination he was informed that he did not meet respondent's physical qualifications. An investigatory conference between a field representative of the division and respondent's general counsel was held July 4, 1977. Petitioner was not present at the conference nor was he advised that such a conference would be held. Respondent's counsel submitted a letter and an affidavit of respondent's general superintendent which explained that following initial interviews on May 3, 1977 and May 17, 1977 petitioner was informed that while there was no work available at that time, there was a possibility of work in the near future. It is respondent's position that petitioner was given a physical examination simply because he was present and available and that he was not hired solely because of lack of work. On July 25, 1977 the division's field representative met with petitioner who [64 A.D.2d 990 Page 991]