State Division of Human Rights v. County of Monroe

Callahan, J. (dissenting.)

The determination should be confirmed. Based on the record of the hearing held on remittitur, the Commissioner determined that "respondents have failed to proffer any legitimate similarities between the duties and responsibilities of a deputy sheriff-road patrol position and that of a police officer under Civil Service which would justify the adoption of the Civil Service age requirement as a bona fide occupational qualification requirement for said position.” The Commissioner weighs the evidence and chooses between conflicting testimony (see, Matter of Collins v…