OATH Recent Decisions

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Personnel

ALJ Kara J. Miller recommended dismissal of charges against respondent, a child protective specialist supervisor, after petitioner, the Administration for Children’s Services, failed to prove that respondent engaged in misconduct. Petitioner alleged that respondent used disrespectful language and acted in a threatening manner towards her supervisors and was insubordinate when she refused to complete an assignment, among other charges. Respondent sought to offer two internal religious discrimination complaints she filed with petitioner’s Office of Equal Employment Opportunity to impeach petitioner’s witnesses for hostility and bias. The ALJ accepted the documents because evidence that a witness bears some bias may be adduced to show that petitioner’s factual allegations are untrue but rejected the offering of any exhibits that went beyond the limited scope of impeachment. While the ALJ found that respondent was impolite, petitioner’s witness testimony was insufficient to prove misconduct as the testimony was exaggerated, embellished, and exhibited bias against respondent. Further, the ALJ found that respondent was given ambiguous directions on the assignment she allegedly refused to complete and therefore was not insubordinate for lack of requisite intent. Accordingly, the ALJ dismissed the charges. Admin. for Children’s Services v. Ally, OATH Index No. 782/23 (May 30, 2025).

Human Rights

ALJ Orlando Rodriguez recommended awarding $60,000 in emotional distress damages, $6,850 in backpay, and a $50,000 civil penalty against a physical therapy provider for engaging in religious discrimination in violation of the City Human Rights Law. The ALJ credited the employee’s testimony that he was terminated the day after the provider learned he prayed daily in the office using a prayer rug. The timing of the employee’s termination, combined with the employee’s brief tenure—only six weeks—and the absence of any documented performance or disciplinary issues, supported an inference that the termination was motivated by religious bias. In response, the provider offered testimony concerning its staffing practices and patient volume, suggesting that the termination was based on legitimate business considerations. While this rebuttal addressed the business rationale, the ALJ ultimately found that the termination was at least partially motivated by the employer’s discovery of the employee’s religious practices and thus sustained the discrimination claim. In determining damages, the ALJ credited the employee’s testimony regarding the adverse emotional impact of the termination, including disrupted sleep and appetite, diminished comfort in practicing his faith, and heightened anxiety about praying at work. This supported an award for emotional distress in addition to backpay and a civil penalty. Comm’n of Human Rights ex rel. Rahman v. Revival Physical Therapy & Rehabilitation Services, OATH Index No. 1796/24 (May 22, 2025).

Vehicle Seizures

ALJ Julia Davis determined that the Police Department may not retain a vehicle seized as an alleged instrumentality of a crime. Respondent, the owner of the vehicle, was stopped by police officers for driving a vehicle with tinted windows. The officers then searched his vehicle after spotting a knife in the driver’s side door panel and arrested him when they found a firearm on the floor of the rear passenger side. The ALJ found that, for the limited purpose of this hearing, the stop of respondent’s vehicle was proper because police officers may stop and approach an automobile to enforce traffic regulations. However, the ALJ also found that the search of the vehicle was impermissible because automobile searches incident to a lawful arrest are limited to the arrestee’s person and the area from which he may gain possession of a weapon or evidence and here, respondent was outside the vehicle when the search occurred. This was also not a valid inventory search because petitioner presented no evidence of an authorized procedure that the officers followed pursuant to their search of the vehicle. Accordingly, the ALJ found that the petitioner failed to prove it would prevail in a civil action for forfeiture of the vehicle and directed petitioner to release respondent’s vehicle. Police Dep’t v. Fortes, OATH Index No. 2022/25, mem. dec. (May 9, 2025).

Prodecure

ALJ Joycelyn McGeachy-Kuls denied respondent’s application to take judicial notice of, or admit as evidence, transcripts from a prior proceeding. Petitioner, the Department of Sanitation, charged respondent with time and leave violations. Respondent appeared for the first day of trial but then failed to appear subsequently and authorized his counsel to proceed in his absence, without presenting any witnesses or evidence. Following the conclusion of trial, respondent made an application for the tribunal to take judicial notice of transcripts from a prior trial at OATH involving respondent, on the basis that respondent was an unavailable witness. The ALJ denied this request because the transcript of the prior proceeding contains contested information and information that is not common and general knowledge. The ALJ rejected the argument that the transcripts are admissible as prior judicial admissions because such admissions are offered to establish an inconsistency between respondent’s former and current testimony, and respondent failed to testify in this proceeding. The ALJ also denied the argument that the transcripts were admissible as prior testimony hearsay because there was no evidence respondent was unavailable for trial. Dep’t of Sanitation v. Guiseppone, OATH Index No. 789/25 (May 7, 2025).