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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. No. 2
Regular Panel Decision
Feb 15, 2024

Matter of Clifton Park Apartments v. New York State Division of Human Rights

CityVision, a non-profit, filed a discrimination complaint against Pine Ridge Apartments with the New York State Division of Human Rights (DHR). After DHR dismissed the initial complaint, Pine Ridge's attorney sent a letter to CityVision and employee Leigh Renner threatening litigation for "false, fraudulent and libelous" allegations. In response, CityVision and Renner filed a retaliation complaint, which DHR upheld, finding the letter to be an adverse action. The Appellate Division annulled DHR's determination, concluding that the letter did not constitute adverse action and DHR improperly shifted the burden regarding protected activity. The Court of Appeals reversed the Appellate Division, holding that a threat of litigation can indeed constitute adverse action under the Human Rights Law, supported by substantial evidence. However, the Court remitted the matter to DHR for proper analysis of the "protected activity" element, as DHR had improperly shifted the burden of proof.

Retaliation claimHuman Rights LawAdverse actionThreat of litigationFamilial status discriminationBurden of proofProtected activityHousing discriminationAppellate reviewAdministrative law
References
18
Case No. MISSING
Regular Panel Decision

Plasti-Line, Inc. v. Tennessee Human Rights Commission

A private employer, referred to as 'Appellant', brought an action for declaratory judgment and injunctive relief, challenging the constitutionality of enforcement provisions within the Tennessee Human Rights Commission statutes (T.C.A. §§ 4-21-301 to 307). The Appellant argued that these statutes violated the separation of powers, the right to trial by jury, and judicial election provisions of the Tennessee Constitution. The Chancellor initially upheld the validity of the statutes and dismissed the action. The Supreme Court affirmed this decision, finding no merit in the Appellant's claims. The Court highlighted that the Human Rights Commission functions as an administrative agency, administering public policy, and its orders are subject to judicial review and enforcement by the chancery court, thus not violating constitutional principles.

Human Rights LawDiscrimination LawEmployment DiscriminationAdministrative LawConstitutional ChallengeSeparation of PowersRight to Jury TrialStatutory ValidityTennessee ConstitutionAppellate Decision
References
5
Case No. MISSING
Regular Panel Decision
Jan 01, 1981

MATTER OF MOHAWK FINISHING PRODS., INC. v. State Div. of Human Rights

This dissenting opinion concerns Michele Cushing, an employee of Mohawk Finishing Products Corporation, who was terminated after raising concerns about perceived sex discrimination, although actual discrimination was not proven. The State Division of Human Rights initially granted her relief for retaliation, which was affirmed by the Human Rights Appeal Board. However, the Appellate Division annulled and remitted the decision, distinguishing between protective clauses in the Human Rights Law. Justice Fuchsberg argues that the anti-retaliation provision should protect employees who reasonably believe a practice is discriminatory, even if later found lawful. He proposes reversing the Appellate Division's order and remitting the case to the State Division of Human Rights for a specific finding on the reasonableness of Ms. Cushing’s belief.

Anti-retaliationHuman Rights LawSex DiscriminationReasonable BeliefEmployment LawDissenting OpinionAdministrative ReviewWorkplace RetaliationEmployee RightsJudicial Interpretation
References
11
Case No. 2023 NY Slip Op 03395 [217 AD3d 1237]
Regular Panel Decision
Jun 22, 2023

Matter of Cagino v. New York State Div. of Human Rights

Petitioner Paul F. Cagino appealed the dismissal of his application to review a New York State Division of Human Rights (SDHR) determination. SDHR found no probable cause regarding Cagino's claim that the Office of the Attorney General (OAG) engaged in retaliatory employment practices. Cagino, a former OAG employee, alleged that OAG's statements in court papers during a Freedom of Information Law (FOIL) proceeding constituted adverse employment action. The Appellate Division affirmed the dismissal, ruling that OAG's statements were legitimate defensive measures in litigation, not unlawful retaliation. The court concluded that SDHR's no probable cause finding was rational and not arbitrary or capricious.

RetaliationDiscriminationFreedom of Information Law (FOIL)Adverse Employment ActionHuman Rights LawProbable CauseAppellate ReviewDefensive LitigationPublic Officers LawEmployment Law
References
20
Case No. 01-15-00152-CV
Regular Panel Decision
Feb 10, 2015

Donald B. Mullins and Blue Sky Right of Way, L.L.C. v. Martinez R.O.W., LLC F/K/A Martinez Investments

Donald B. Mullins and Blue Sky Right of Way, L.L.C. (Appellants) contracted with Southern Brush S.W., Inc., and then subcontracted part of the work to Martinez R.O.W., L.L.C. (Appellee). An employee of Martinez, Bonifacio Gomez, was injured on the job and sued Mullins. Mullins filed a cross-claim against Martinez for indemnity and contribution, arguing Martinez agreed to indemnify Blue Sky and Mullins. Martinez, a workers' compensation subscriber, moved for summary judgment under Tex. Labor Code § 417.004, asserting no written agreement for liability assumption existed. The trial court granted Martinez's summary judgment and denied Mullins' subsequent motions to vacate and amend. This appeal concerns whether the district court properly granted summary judgment, given the absence of a pre-accident written agreement where Martinez assumed Mullins' liability.

Workers' CompensationIndemnityContributionSummary JudgmentTexas Labor CodeExpress Negligence RuleThird-Party LiabilityInsurance CertificateGross NegligenceEmployer Protection
References
32
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. County of Monroe

Wachtler, J., dissents, arguing that the Appellate Division's order should be reversed because substantial evidence supports the State Human Rights Division's determination that Monroe County discriminated against a complainant due to his physical disability. The complainant, a Vietnam War veteran with a combat injury affecting his right knee, was hired as a maintenance mechanic by Monroe County. Despite satisfactorily performing all duties, he was fired after an employment physical revealed he could not assume a full squatting position. The county admitted firing him due to his disability but failed to provide factual support that his disability hampered his job performance or posed a safety risk, relying instead on abstract assumptions. This decision, the dissent argues, undermines the Human Rights Law's purpose to protect individuals from discrimination based on unreasonable fears, especially given the complainant's disability resulted from military service.

Physical DisabilityDiscriminationEmployment LawHuman Rights LawVietnam VeteranMonroe CountyWrongful TerminationAppellate DivisionDissenting OpinionWorkplace Discrimination
References
1
Case No. MISSING
Regular Panel Decision
Feb 27, 1997

In re Christine K.

This case concerns an appeal from an order of disposition issued by the Family Court, Orange County, on February 27, 1997. The order terminated the parental rights of the appellant mother, finding her presently and foreseeably unable to care for her child due to mental illness, specifically schizophrenia. Evidence included a long history of psychiatric treatment, inappropriate behavior, and a psychiatrist's testimony that despite potential symptom improvement, underlying psychological issues would prevent adequate care. The child's custody was committed to the Orange County Department of Social Services for adoption purposes. The appellate court affirmed the Family Court's decision, concluding there was clear and convincing evidence under Social Services Law § 384-b.

Parental Rights TerminationMental IllnessSchizophreniaChild WelfareFamily Court AppealSocial Services LawInability to CarePsychiatric EvaluationAppellate DivisionAdoption Proceedings
References
2
Case No. 04-10-00802-CV
Regular Panel Decision
Feb 08, 2012

Callaghan Ranch, Ltd (Appellant/Cross Appellee) v. David Killam (Appellee/Cross Appellant)

Callaghan Ranch, Ltd. appealed the denial of its motion for judgment notwithstanding the verdict, challenging a jury's finding that a disputed portion of San Ygnacio Road was not impliedly dedicated to the public. The Ranch had sought a declaratory judgment to affirm the road's public status. Concurrently, the Killams, as appellees and cross-appellants, contested the trial court's refusal to award attorney's fees. The appellate court upheld the lower court's decision, concluding that Callaghan Ranch failed to conclusively prove implied dedication due to disputed evidence. Furthermore, the court found no abuse of discretion in the denial of attorney's fees, citing that both parties had legitimate interests to pursue.

Implied DedicationDeclaratory JudgmentJudgment Notwithstanding VerdictPublic RoadPrivate RoadAttorney's FeesAppellate ReviewSufficiency of EvidenceProperty RightsTexas Law
References
32
Case No. MISSING
Regular Panel Decision
May 07, 1991

New York City Transit Authority v. State Division of Human Rights

This case involves an appeal concerning the measurement of damages for a complainant's mental anguish due to sex discrimination by the New York City Transit Authority. The complainant, a bus driver, experienced multiple instances of discrimination related to her pregnancy, including denial of restricted duty and forced unpaid leave, which led to significant emotional distress. While the Administrative Law Judge and the State Commissioner of Human Rights awarded $450,000 for mental anguish, the Appellate Division reduced this award to a maximum of $75,000. The Court of Appeals reversed the Appellate Division's decision, concluding that it failed to apply the proper standard of review by not giving deference to the Commissioner's assessment and by inadequately comparing the award to similar cases. The matter was remitted to the Appellate Division for reconsideration.

Sex DiscriminationPregnancy DiscriminationMental Anguish DamagesCompensatory DamagesAppellate ReviewHuman Rights LawStandard of ReviewMiscarriageRetaliationRestricted Duty
References
19
Case No. MISSING
Regular Panel Decision

Suffolk County Community College v. New York State Division of Human Rights

This case involves a proceeding initiated by Suffolk County Community College to review a determination by the New York State Division of Human Rights. The Division had previously found the college guilty of unlawful racially discriminatory practices and retaliation against an employee, awarding $50,000 in compensatory damages. The Division of Human Rights cross-petitioned to enforce this determination. Following a reversal and remittal by the Court of Appeals, the Appellate Division reviewed the matter. The court denied the branch of the cross-petition seeking to enforce the $50,000 compensatory damages award, finding it excessive due to insufficient evidence regarding the duration, severity, or consequences of the complainant's mental anguish related to racial discrimination. The determination was otherwise confirmed, and the case was remitted to the New York State Division of Human Rights for a new award of compensatory damages not exceeding $5,000.

Racial DiscriminationRetaliationCompensatory DamagesExcessive DamagesMental AnguishAdministrative Law ReviewHuman Rights LawAppellate ReviewRemittalSufficiency of Evidence
References
8
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