On May 19, 1980, respondent James C. Marillo (complainant), a former employee of petitioner New York State Education Department (department), commenced a proceeding before the State Division of Human Rights (division) wherein he alleged that the department had discriminated against him on the basis of his age. In support of his complaint, he cited the department's refusal to grant his request for a leave of absence and its action in not promoting him to the position of bureau...
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