October 27

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 if 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.”

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

Email me: kevin@sheerinlaw.com

For more NYPD Disqualification information visit my website: www.sheerinlaw.com

Appealing a New York Civil Service job disqualification

Appealing a New York Civil Service job disqualification

October 27

NYPD Psychological Disqualification Appeal

There is a two step appeal process. The first appeal is to the NYPD who will review the appeal package you submit. In the case of psychological disqualifications you may get a second psych interview.

We are here to assist you if you receive a NYPD disqualification. Call (516) 248-0040 or email: kevin@sheerinlaw.com

If you receive a second psych interview it is best to prepare with an expert. The main issues that will come up in the second psych interview are obvious. The next step in the appeal process would be a Notice of Disqualification which would be appealed to the NYC Civil Service Commission. The Commission holds hearings to determine if your disqualification was improper.

When you are disqualified, that disqualification will NOT be reversed unless you choose to take action. I have been assisting disqualified NYPD, FDNY, DSNY, NYC DOC candidates for 18 years.

Each appeal is different as your history of school, work and personal relationships is different.

I offer a free ZOOM, phone or in-person consultation.
Feel free to call me. I would be happy to speak with you to see if I can help you with your appeal.

Call 516-248-0040 or email me at kevin@sheerinlaw.com

October 26

NYPD Character Disqualification

Factors considered in NYPD Character Disqualifications:

When appealing a 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, such as 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 in your NYPD character appeal. If it has been a decade or even five years since your last infraction that could help you, as it shows 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 questions about your NYPD Character Appeal and would like to schedule a free consultation at my Mineola office please do not hesitate to call me at 516 248 0040.

Email me: kevin@sheerinlaw.com

Visit my website: www.sheerinlaw.com

October 12

NYPD DISQUALIFICATION – ELIGIBLE LIST EXPIRATION – CALL THE DCAS HELPLINE ………. 212-669-1357

IF YOU RECEIVED A NYPD DISQUALIFICATION CALL THE DCAS HELPLINE AT 212-669-1357 TO FIND OUT WHEN YOUR  ELIGIBLE LIST EXPIRES.

If you are in the hiring process for a New York City Civil Service job and would like to find out when your eligible list expires:

Dial 212-669-1357
Press 2
Enter your social security number

The DCAS help line will tell you when your list was established and when it will expire. The expiration date is usually 4 years after the list was established or promulgated.

If you received a NYPD Disqualification letter, you will probably need one (1) year to process your appeal and, if you succeed, be appointed to the NYPD. Therefore, you should write to your investigator and request that action be taken on your file to allow yourself sufficient time to appeal if you are disqualified.

September 16

How to avoid an NYPD Character Disqualification

If you have been arrested you must check to see that the arrest appears on your APD5. Frequently, candidates give the excuse that someone told them that their arrest was sealed. This excuse will not work. If you have been arrested you must state that you were arrested, and when you were arrested, no matter what the disposition in your court case.

If you were suspended in school, you must say you were suspended in school. Your investigator and psychologist will ask for authorizations to find out about school disciplines, and when they get reports from your SUNY school or another college stating that you were suspended you will be disqualified, and will most likely be unable to have a successful appeal.

If you were terminated from a job, you should say you were terminated, because when the NYPD gets your Social Security lifetime history they will see what jobs you have had and have you explain why you were let go from certain jobs.

Unfortunately, if you do not reveal these things, you will be disqualified and will not be able to explain them away.

If you receive a NYPD NOPD for character disqualification and would like to schedule a free consultation at my Mineola office, please do not hesitate to call me at 516 248 0040.

Email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com

Read my blog civilservice.sheerinlaw.com

My Twitter is @dqlawyer.com