submit hearsay evidence NYSDHR

[mopargirll]

What is the proper way to submit hearsay evidence in a human rights hearing. I have a case on the calendar with NYS Division of Human Rights against a former employer for unlawful discrimination. Fired due to pregnancy. I want to submit conversations I recall having and facts I remember from others? Is this to be a sworn affidavit or some other type of form? Please help me.
Thanks in advance
Shannone B

 

[dee_dub]

From the NYSDHR website, Rule 465.12: Hearings

(e) Form and content of proof. The administrative law judge, in conducting the hearing, should utilize any procedures consonant with due process to elicit evidence concerning the ultimate issues. The following guidelines shall govern.
(1) Hearsay evidence is fully admissible.
(5) Information from witnesses may be introduced in the form of affidavits, without oral examination and cross examination.
(7) Oral testimony shall be given under oath.

I am not an expert in the procedure of the Commission, but it looks like the judge has significant discretion in determining the admissibility of evidence. There are no guidelines for the proper submission of hearsay. Under the rules, it appears you can simply give hearsay evidence in your sworn oral testimony; you do not need to submit it in a sworn affidavit. You may wish to verify this with an experienced administrative lawyer.

For what it's worth, your recollection of a conversation is not necessarily hearsay. If A told you X, that conversation is within your direct experience. You can directly testify that A said X.

 

[mopargirll]

I spent two days looking at that NYSDHR website. I can't believe I couldn't find that. Thanks so so much
Shannone
Oh and thanks for explaining hearsay. That was very helpful

 

[dee_dub]

You're welcome, and good luck. If you have specific questions on the substance of your case, there are some good people to ask around here.