Complainant, a lab technician, unsuccessfully sought a transfer to an electrical maintenance position, and complained that the denial was because of his disability.
Complainant has no right hand and uses a metal prosthetic hook.
ICRC found that he was denied the transfer because of his disability and awarded him relief. On appeal, the Court of Appeals reversed the Circuit Court, holding that ICRC s decision was supported by substantial evidence and that there was no evidence of a bias from any source outside of the proceeding. Suspicious timing, ambiguous statements, and other bits and pieces from which an inference of intentional discrimination may be drawn can be sufficient. Complainant, a black Correctional Officer at the jail, was discharged after a sexual harassment complaint was made against him and he was criminally charged with battery for the same incident. ICRC found racial discrimination on the basis that Respondent had less severely than a white Correctional Officer and a white Deputy Sheriff, each of whom had also had sexual harassment claims made against them.