OGDENSBURG — The Equal Employment Opportunity Commissions has dismissed sexual harassment allegations against City Councilor Steven Fisher. City Manager Stephen Jellie offered a prepared statement …
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OGDENSBURG — The Equal Employment Opportunity Commissions has dismissed sexual harassment allegations against City Councilor Steven Fisher.
City Manager Stephen Jellie offered a prepared statement and said he considers the matter closed in the wake of the decision.
“The City of Ogdensburg respects and appreciates the timely and definitive response in the matter from the Federal Agency responsible for the investigation of these types of complaints. With affirmative dismissals from both the state and federal agencies, the city now considers this matter fully closed.”
The EEOC adopted the early finings made by the NYS Division of Human rights.
The case was dismissed on grounds that the Division of Human Rights was unable to investigate the claim
They said that to to establish employment jurisdiction, “it must be determined whether an employment relationship existed between complainant and named respondents. Here, neither Respondent City of Ogdensburg nor Steven Fisher are Complainants employer.”
The finding from EEOC says that had the complaint properly named her actual employer, the Ogdensburg Public Library, the division still could not have found a reason for probably cause, “as they have no control over the alleged actions that Respondent Fisher took and therefore there would have been no evidence that employment discrimination occurred.”
The EEOC said that addressing the complaint as is, “the alleged harassing statement that was made by Respondent Fisher was made while he performed his role on the City Council and is not subject to review by the New York State Division of Human Rights.”
Finally the EEOC finding said that the “City of Ogdensburg’s decision about funding the library, or any other agency is not subject to review by the division, as it is part of a government function and is not an action that is covered under the New York State Human Rights law”