ALJ recommends dismissal of drug test refusal charge.

ALJ Kevin Casey dismissed a charge alleging that a sanitation worker had refused to submit to a random drug test.  The worker, who became ill during the testing procedure and was later diagnosed with a medical condition, was unable to provide a sufficient urine sample, despite repeated attempts.  ALJ Casey found the department failed to provide the worker with forty ounces of water to drink over a period of three hours, as required by federal regulation.  Hence, the employee's failure to produce sufficient urine for testing was not misconduct.  Dep't of Sanitation v. Anonymous (in PDF), OATH Index No. 765/11 (Dec. 1, 2010).

ALJ finds landlord discriminated against tenant and her roommate based on roommate's race.

ALJ Addison found that a landlord discriminated against a tenant and her roommate because of the roommate's race when he sought their eviction. ALJ recommended $10,000 in damages be imposed against the landlord. Comm'n on Human Rights ex rel. Lukasiewicz v. Cutri (in PDF), OATH Index No. 2131/10 (Dec. 8, 2010).

Hoist machine operators lose licenses as a result of criminal convictions.

In five cases heard during the reporting period the Department of Buildings sought to revoke the license of a hoist machine operator due to a prior criminal conviction. Four licensees pled guilty to conspiracy to commit extortion and one pled guilty to mail fraud. In each case, the ALJ found that the criminal activity related to respondent's trade and/or demonstrated poor moral character. The ALJs looked to various factors to determine the appropriate penalty. In two cases, the OATH ALJ recommended license revocation. Dep't of Buildings v. Inglese, OATH Index No. 2575/10 (Dec. 1, 2010)(ALJ Richard); Dep't of Buildings v. Carrara, OATH Index No. 2613/10 (Dec. 14, 2010)(ALJ Zorgniotti). In three cases, the OATH ALJ recommended license suspensions, rather than revocation.

OATH decisions are public unless there is a legal basis to seal information.

Pursuant to OATH rule 1-49(d), OATH decisions are published without redaction, unless the ALJ finds a legally recognized ground to omit information from a decision.

ALJ Lewis granted respondent's request to redact her name from a published decision pursuant to subsection (d) of this rule due to the personal and sensitive nature of her testimony, in particular, testimony about personal health issues and health issues of her daughter.  Dep't of Sanitation v. Anonymous, OATH Index No. 181/11 (Dec. 9, 2010).