Legal Opinion · Dissent

In re State Division of Human Rights

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1986Published

1DissentEllerin, J.

The question presented in this *11proceeding is whether the municipal petitioners may deny employment to a prospective police officer on the authority of Civil Service Law § 50 (4) (b) in the face of an order by the Commissioner of Human Rights, after a hearing, finding that the candidate can presently, and for an indefinite period of time, perform in a reasonable manner the duties of a police officer.

The Human Rights Law (Executive Law art 15) prohibits an employer from refusing to hire a person on the basis of discrimination because of disability (Executive Law § 296). For the purposes of…

2Cases cited6 opinions

  1. State Division of Human Rights v. Xerox Corp.New York Court of Appeals · 1985
  2. Miller v. RavitchNew York Court of Appeals · 1983
  3. Palozzolo v. NadelAppellate Division of the Supreme Court of the State of New York · 1981
  4. State Division of Human Rights on Complaint of Giannavola v. Le Roy Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1985
  5. Carrero v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1986

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