The first notice you will receive when you are NYPD disqualified is a Notice of Proposed Disqualification or NOPD. You will have 30 days to respond to this NOPD. It is recommended that you consult with an attorney to protect your rights and make the most compelling arguments to increase your chances to get a reversal of your NYPD disqualification.
NYC Human Rights Law
Matter of Cruz v Schriro, 51 Misc 3d 1203[A], 2016 NY Slip Op 50363[U] (Sup Ct, NY County 2016).
• Plaintiff began working with the Department of Corrections and when he was sent to Rikers, to work or for training he would experience allergic reactions on several occasions. For example, On August 7, while attending graduation rehearsal at Rikers, he experienced hives and swelling of his face, and, in order to stay for the rehearsal, he used the Epipen to alleviate his symptoms. Later, on September 14, petitioner underwent a “uvulectomy,” surgery to minimize throat swelling and difficulty breathing during an allergic reaction. He went on approved sick leave until his employment was terminated. He asked to be accommodated but the Health Management Division refused to consider it. He then was fired for having over 50 absences, due to dermatology.
• The court found that petitioner sufficiently alleged, and presented sufficient evidence, including medical documentation, to show that his hives and other allergic reactions, even if their etiology is uncertain, represent a physical impairment and/or a record of a physical impairment falling within the NYCHRL’s broad definition of disability.
• The next issue was whether the DOC failed to reasonably accommodate plaintiff or their lack of was due to it causing an undue hardship. The court held absent any response to petitioner’s request and any effort to engage with petitioner in any process to explore or consider what other possible accommodations could be made, either at Rikers or elsewhere within its system, respondents fail to establish that there was no feasible accommodation that they could provide.
• Finally, that the Court directed for a trial on the issues of whether respondents violated the New York City Human Rights Law by failing to reasonably accommodate petitioner’s disability and by terminating his employment, etc.
Factors considered in NYPD Disqualifications
When appealing an NYPD character disqualification what are the factors considered?
Frequency of violations or infractions, such as arrests, moving violations or other incidents such as school discipline or work discipline. If you were suspended or expelled from school this would work against your NYPD Police Officer application. Also if you were late or disciplined at your job this would be a problem in your application. If you were terminated from one or more jobs without a good explanation this also would be something you would have to explain.
Severity of violations or infractions. If you were arrested and charged with crimes that is, felonies or misdemeanors that would be something you would have to explain on appeal. If the disposition or final outcome of your case was dismissal or a lesser charge that could help you in your appeal.
The recency of your last violation or infraction is also important your NYPD character appeal. If it has been a decade or even five years since your last infraction that could help you showing the New York City Civil Service Commission that you have changed your behavior for the better.
The three categories do not stand alone- they are considered together in your appeal.
If you have any questions about NYPD character appeals please call my office at (888)_998-9984 to discuss your case.
Please visit my website for further information. Click New York Civil Service Law attorney.
Discussion on Reasonable Accomodation.