In Matter of New York State Energy Research & Development Authority v. New York State Division of Human Rights , Ian Nitschke contended that he was passed over for a job with the New York State Energy Research & Development Authority (ERDA) because of his gender.
Nitschke -- who had a doctorate in physics with almost a decade of "energy research experience" -- applied for a job with ERDA as an "energy manager." Also vying for the same position was a female candidate who held only a Masters in engineering and "virtually no relevant work experience."
During interviews, several ERDA employees informed Nitschke that the company preferred to hire a woman for the position and were willing to sacrifice experience to do so.
Nitschke didn't get that job, but was hired by the New York State Department of Public Service , which collaborated with ERDA on certain "technical evaluation panels."
After Nitschke filed a complaint with the New York State Division of Human Rights (SDHR) alleging an "unlawful discriminatory practice," ERDA supposedly had Nitschke kicked off one of those panels.
The SDHR found Nitschke had been victim of discrimination, upheld his retaliation claim, and awarded him over $47,000 in damages.
On review, the Appellate Division, Third Department, gave SDHR 's findings "considerable deference" and agreed ERDA treated Nitschke and the female candidate differently based on gender because of "internal pressure" to hire a woman.
While ERDA contended that it chose the female candidate because it hoped she would be "innovative," that supposed skill-set directly contradicted the agency's job vacancy notice, which listed "experience" as "highly desirable."
The AD3 also found that ERDA had inappropriately "exerted its influence with Nitschke's employer to have him removed from [the] panel because he had filed a discrimination complaint," and that Nitschke's retaliation contentions were supported by the record.
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For a copy of the Appellate Division's decision, please use this link: Matter of New York State Energy Research & Development Authority v. New York State Division of Human Rights