70 A.D.2d 727 | N.Y. App. Div. | 1979
Lead Opinion
— Proceeding instituted in this court pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated August 1, 1978, which affirmed an order of the State Division of Human Rights finding petitioner guilty of an unlawful discriminatory practice based on sex and awarding the employee her accrued sick leave pay. Complainant, a school teacher, informed the principal of Mohanasen High School in May, 1974 that she was pregnant and requested maternity leave to commence "at the termination of the disability period” and to conclude on August 31, 1975. Following various communications between the superintendent of petitioner school district and complainant, the superintendent, by letter, informed complainant that she had the option of taking either unpaid maternity leave for a period of time up to 15 months in length or of taking sick leave for the period of disability caused by pregnancy and childbirth. Complainant thereafter applied for maternity leave for the period of September, 1974
Lead Opinion
dissents and votes to confirm in the following memorandum. Staley, Jr., J. (dissenting). Kathleen A. Colarossi is a female who was employed as a high school teacher by petitioner. On April 16, 1975, she filed a complaint with respondent claiming that petitioner denied her equal terms, conditions and privileges of employment because of her sex. On May 30, 1974, complainant advised Dr. Saul Beck, Principal of the Mohonasen High School, that she was pregnant and requested maternity leave commencing at the termination of her disability period and concluding August 31, 1975. On June 11, 1974, James M. Randall, superintendent of the respondent school district, wrote complainant informing her that she could ápply sick leave to cover her pregnancy-related absence. Thereafter, complainant had a conversation with Superintendent Randall who told her that she had the option of taking maternity leave without pay in lieu of sick leave. On June 14, 1974, complainant wrote Superintendent Randall stating that she wanted maternity leave to commence following her period of disability. On August 6, 1974, Superintendent Randall wrote complainant "that the provisions of the contract * * * provide for the option of taking either unpaid maternity leave for a period of time up to 15 months * * * or of taking sick leave for the period of disability caused by pregnancy and childbirth”. On August 14, 1974, complainant wrote Superintendent Randall informing him that she was applying for maternity leave effective September, 1974. Complainant also stated that since her doctor advised her not to work from September through October of 1974, she was applying for sick leave for that period, since, in June of 1974, her doctor estimated her delivery date to be approximately September 25, 1974. Complainant had accumulated sick leave of 41 days as of September 1, 1974. The division found that, since there is no evidence in the record to show that the option