83 A.D.2d 972 | N.Y. App. Div. | 1981
Proceeding initiated in this court pursuant to section 298 of the Executive Law to review a determination of the State Human Rights Appeal Board, dated March 13, 1981, which reversed an order of the State Division of Human Rights finding no probable cause to believe that petitioner had or was engaged in discriminatory practices and remanded the matter for further proceedings. Respondent Antoinia Estrada was employed as a counselor in petitioner’s Camp Nueva Vista in Johnstown, New York, since 1977. In January, 1979, she was requested to resign from her post by Mr. Terry, her superior. Thereafter, respondent contends that Mr. Terry has singled her out for unequal treatment in that he has attempted to coerce her into resigning by continual harassment and by placing memoranda criticizing her professional performance in her personnel file on a weekly basis. Respondent states that she is a black, Puerto Rican woman and that she was discriminated against because of her race, sex and color. The Division of Human Rights questioned Mr. Terry about the complaint and permitted respondent to submit a reply to his answer. No confrontation conference with the respondent present was' held. Thereafter, the Division of Human Rights found that no probable cause existed to believe that petitioner was engaged in unlawful discriminatory practices. Respondent