116 A.D.2d 642 | N.Y. App. Div. | 1986
— Proceeding pursuant to Executive Law § 298 to review a determination of respondent State Division of Human Rights dated November 9, 1983 which found that petitioner had discriminated against complainant on the basis of her sex with respect to the terms, conditions or privileges of her employment, and, inter alia, ordered the payment of compensatory damages.
Petition granted, on the law, without costs or disbursements, determination annulled, and complaint dismissed.
On November 29, 1976, having learned that she was pregnant, complainant Sharon Palombo, a teacher employed by petitioner West Hempstead Union Free School District, met
Thereafter, by letter dated December 21, 1976, Mrs. Palombo requested "(1) to amend my request for maternity leave of absence from January 3, 1977, through June 30, 1978, to March 21, 1977, through June 30, 1978, and; (2) to request application of my accumulated days of extended illness to my pregnancy disability period of January 3, 1977, through March 21, 1977”. There is no question raised that Mrs. Palombo was, in fact, disabled due to her pregnancy between January 3 and March 21, 1977. Mrs. Palombo’s request to "amend” her application for maternity leave was denied. Mrs. Palombo then complained, and the Division of Human Rights has found, that such denial was an illegal discriminatory practice. We disagree, and find that the Division erred as a matter of law, since the complainant failed to establish a prima facie case of discrimination.
There is nothing inherently discriminatory in requiring a pregnant teacher to choose between two options, i.e., either to take unpaid maternity leave for an extended period of time, regardless of actual disability, or to take a paid sick leave for perhaps a shorter period of time during which the condition of pregnancy actually results in an inability to report to work (see, Matter of Rotterdam-Mohanasen Cent. School Dist. v State Div. of Human Rights, 70 AD2d 727, affd 49 NY2d 744; see also, Matter of Jericho Union Free School Dist. v New York State Human Rights Appeal Bd., 97 AD2d 762). However, a prima facie case of discrimination may be established if the record contains substantial evidence that prospective pregnancy-related disabilities are, in this regard, treated in a less liberal manner than other foreseeable long-term illnesses (see, Matter of State Div. of Human Rights v Board of Educ., 40 NY2d 1021, affg 51 AD2d 357; State Div. of Human Rights v City School Dist., 75 AD2d 1009, 1011).
In this case, the record contains no proof at all that a pregnant teacher is treated in a manner any less favorable