A mother of two pre-teenaged children and a victim of abuse of the children’s father, a crack and alcohol abuser with a criminal history, filed a case of illegal dismissal from work for alleged discrimination against victims of domestic violence.
The mother of two was hired as a probationary worker by the New York City Department of Correction. The mother was fired by the Department because, according to the Department, their sick leave policy requires probationary employees to provide their home address and telephone numbers and require the employees to stay in their residence, or the place of confinement, at all times during the period of illness except when receiving medical treatment. Because of this policy, the mother was forced to give to the Department her husband’s address. When the Department conducted an investigation on the sick leave, the mother was nowhere to be found in the address she gave to her employer.