April 6

NYPD Disqualification Appeals

Matter of State Div. of Human Rights on Complaint of Granelle, 70 N.Y.2d 100, 103, 510 N.E.2d 799 (1987).

In this case, Mr. Granelle was disqualified from employment as a NYPD Police Officer because of an asymptomatic back condition known as spondylolisthesis. The State Division of Human Rights found in his favor, but the Appellate Division dismissed his complaint. But the Court of Appeals reversed and held for Mr. Granelle.

The Division conducted an investigation and had a hearing before an Administrative Law Judge. During the hearing Mr. Granelle testified about his employment history, which consisted mostly of heavy lifting, such as working in the construction industry, laborer, and as a truck driver. But he stated that he never had any back problems that interfered with his jobs. He also introduced evidence from his personal physician who testified that this condition is present in about 10% of the general population and that this condition would not limit Mr. Granelle. The City used the testimony of an appeals examiner that did not conduct an examination of Mr. Granelle but opined that there was a great likelihood of low back disability in the future, but gave no reliable statics regarding this. Mr. Granelle was examined by an independent orthopedist who reported that his strength was normal.

The standard of review for the Court of Appeals is “when a rational basis for the conclusion adopted by the Commissioner is found, the judicial function is exhausted and is limited to determining whether the Commissioner’s finding of employment discrimination in this case is supported by substantial evidence in the record.” The court found that Mr. Granelle indeed suffers from a disability within the law. Under the statute there is an ”individualized standard“ such that the employer must demonstrate that the disability is such as would ”prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought“, failing which, the disability may not be the basis for rejecting the applicant. The court reasoned that the City failed to show evidence that Granelle isn’t able to presently perform the tasks needed. The City argued that there was a high possibility that he would be unable to perform the needed tasks in the future but there was no reliable statistics. Ultimately the court held, “employment may not be denied based on speculation and mere possibilities, especially when such determination is premised solely on the fact of an applicant’s inclusion in a class of persons with a particular disability rather than upon an individualized assessment of the specific individual.”

I am a successful civil service attorney with more than 18 years of experience.  I have many clients who are currently working as NYPD Police Officers because I helped them win their disqualification appeal. I can help you too.

If you have questions about your appeal and would like to schedule a free consultation, please do not hesitate to call me at 516 248 0040.

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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April 6

NYPD Disqualification – Get the Facts Before you Complete your APD5

Once you received your NYPD Proposed Disqualification or Disqualification, the best advice you can receive if you want to become a NYPD officer is to get your Certificates of Disposition for any arrests or summonses you may have received, and your Lifetime Abstract from New York State Department of Motor Vehicles before your complete your Applicant Processing forms.

If you guess about any arrests you may have or moving violations or summonses you had, you will receive a Notice of Proposed Disqualification (NOPD) stating that you are disqualified for “Omission of Pertinent Facts.”

The NYPD and other hiring agencies, such as NYC Department of Correction or FDNY have access to all of this information and when you submit an incomplete or inaccurate form they will compare it to their computer printouts and disqualify you.

I am a successful civil service attorney with more than 18 years of experience.  I have many clients who are currently working as Police Officers because I helped them win their disqualification appeal. I can help you too.

If you have any questions about your disqualification or would like to schedule a free consultation  please do not hesitate to call me at 516 248 0040.

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

nypd psychological disqualification appeal / nypd disqualification appeal lawyer / nypd psych appeal success rate / nypd psych disqualification reasons / nypd disqualification list / appealing nypd psychological / nypd nopd appeal success rate / nypd character disqualification