Jordan v. New York City Housing Authority

The Court of Appeals reversed the decision of the Appellate Division affirming the judgment of Supreme Court holding that the New York City Housing Authority (NYCHA) violated section 71 of the Civil Service Law by refusing to reinstate Petitioner to her labor class caretaker position after terminating her, holding that Petitioner did not fall with the ambit of N.Y. Civ. Serv. Law 71, a provision governing reinstatement of public sector employees injured on the job.Petitioner's petition fell within the "labor class" - one of four classifications under New York's Civil Service Law - which includes "all unskilled laborers" in the State's service. NYCHA terminated Petitioner after she missed more than one year of work due to a disability. Petitioner requested reinstatement, but NYCHA refused. Petitioner then filed this action. Supreme Court granted the petition as against NYCHA, concluding that the plain language of section 71 did not exclude labor class employees. The Appellate Division affirmed. The Court of Appeals reversed, holding that NYCHA did not violate section 71 when it refused to reinstate Petitioner. View "Jordan v. New York City Housing Authority" on Justia Law