Court Orders Reinstatement of Corrections Officer Subject to Discrimination Because of Disability and Domestic Violence Victim Status

InĀ Matter of Castillo v. Schriro (N.Y. Sup. Ct. N.Y. Cty. July 17, 2015), Judge Ling-Cohan granted the Article 78 petition filed by terminated probationary corrections officer, who alleged that she was discriminated against under the NYC Human Rights Law due to her disability and domestic violence victim status.

From the decision:

[R]espondents having been noticed on numerous occasions of her domestic situation, it was incumbent upon respondents to engage in the “interactive process” to assist petitioner, a domestic violence victim, instead of requiring her to fend for herself and subjecting her to discipline when she could not perform all aspects of the position, due to the abuse. Similarly, it was arbitrary and capricious, an abuse of discretion, and in bad faith to mark petitioner AWOL on the actual date of her Family Court appearance, which was a mandatory court appearance for her application for an order of protection, to assist in protecting her from her abuser. Respondents made such inappropriate designation, in spite of court documentation and a letter from Safe Horizon that they received from petitioner, confirming the mandatory Family Court appearance date, the receipt of which respondents have not refuted with competent evidence.

The court thus annulled petitioner’s termination and restored her to employment with full back pay, benefits, and seniority.