Citation Numbers: 50 A.D.2d 767
Filed Date: 12/16/1975
Status: Precedential
Modified Date: 1/12/2022
— Petition granted, determination of respondent Human Rights Appeal Board made on or about May 16, 1975, affirming the order of November 25, 1974 of respondent commission dismissing the complaint, and that order, both unanimously annulled, on the law, and the matter remanded to respondent Commissioner for a new order not inconsistent herewith, without costs. The underlying complaint was that complainant had been dismissed from employment as provisional methods analyst by the Municipal Archives and Records Center of the New York City Municipal Service Administration by reason of age, and, with attendant salary loss, was returned to a position as assistant methods analyst. It was contended, to the contrary, that his work performance had been unsatisfactory. The Division of Human Rights, finding probable cause, scheduled a hearing. His superior testified to the unsatisfactory nature of his work on an assigned project, whereas he asserted that she did not understand it. Though he charged that she had derogated his age, she denied it. A coworker testified that the superior had termed complainant’s work too slow because "you