BenchNOTES - December 2013

Last Month's OATH Decisions

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Licensing

Crane operator’s license revoked.

After a crane collapse injured seven construction workers in Long Island City, the Department of Buildings sought to revoke the crane operator’s Class B HMO license. ALJ Tynia D. Richard found that the operator violated Department rules by lifting a load without having verified its weight, which weight exceeded the crane’s capacity by 85%, by failing to lift from the area designated on approved plans, and by failing to have the approved load chart accessible.   The ALJ recommended revocation of the license.    Dep’t of Buildings v. Geer, OATH Index No. 1288/13 (Dec. 18, 2013).

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Personnel

Officer cleared of possession charge.

Department of Correction (DOC) brought charges against a correction officer relating to her relationship with an inmate, the father of her children. ALJ Alessandra F. Zorgniotti found that the officer failed to notify DOC about her pre-employment relationship with the inmate, brought her cell phone on post to speak with him, and engaged in unauthorized financial dealings and discussed official business with him.  Termination from employment was recommended.   Dep’t of Correction v. Pearson, OATH Index No. 391/14 (Dec. 18, 2013).

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Human Rights

Manager discriminated based on actual or perceived sexual orientation of employee.

The Commission on Human Rights alleged that respondents, a dry cleaning company and its manager, discriminated against an employee due to his age and actual or perceived sexual orientation. At a default hearing, the Commission established that respondents used crude sexual terms to refer to the employee and did not use the same offensive terms against any other worker, and that the remarks caused the employee to quit.    Comm’n on Human Rights ex rel. Perez v. Lee’s Kapri Cleaners & Glen Lee, OATH Index No. 101/14 (Dec. 12, 2013).

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