State Division of Human Rights v. Haverling Central School District

Determination unanimously annulled, without costs, and matter remitted to State Division of Human Rights for further proceedings, in accordance with the following memorandum: In finding that petitioner has an impairment which is a disability within the meaning of the Human Rights Law, the Division thereby found that the disability did not interfere with petitioner’s ability to perform his job (Executive Law § 292 [21]). The Division’s finding that respondent implemented petitioner’s schedule change earlier than planned based on his disability is inconsistent with a finding of no probable cause. The Division’s determination of no probable cause is unsupported by the record and must be annulled, and the matter remitted for a hearing pursuant to Executive Law § 297 (4) (a). Whether respondent acted in good faith, based on the information available to it at the time, is [788] irrelevant (State Div. of Human Rights v LeRoy Cent. School Dist., 107 AD2d 153). (Proceeding pursuant to Executive Law § 298.) Present — Callahan, J. P., Boomer, O’Donnell, Pine and Schnepp, JJ.