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

Case No. MISSING
Regular Panel Decision
Jan 22, 1990

Giles v. State Division of Human Rights

Respondent Universal Instruments Corporation laid off approximately 1,000 employees due to a drastic reduction in customer orders. Four female employees (petitioners) who were laid off in August 1985 filed discrimination complaints with the State Division of Human Rights, alleging sex and/or age discrimination. The Division conducted investigations and found no probable cause. Petitioners then sought judicial review, and the Supreme Court annulled the Division's determinations, remitting the matters for further proceedings. This appellate court reversed the Supreme Court's judgments, finding that the appropriate standard of review for the Division's no probable cause determinations was whether they were arbitrary and capricious or lacked a rational basis. Applying this standard, the court concluded that the Division rationally found an insufficient factual basis for unlawful discrimination, as the layoffs were due to economic necessity and the need to retain qualified workers, and the investigative process was fair. Therefore, the Division's no probable cause determinations were improperly annulled.

Employment DiscriminationSex DiscriminationAge DiscriminationLayoffsEconomic ReasonsProbable CauseJudicial ReviewArbitrary and Capricious StandardRational Basis ReviewAdministrative Determinations
References
4
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Dunlop Tire & Rubber Corp.

This proceeding sought to annul a determination of no probable cause by the New York State Division of Human Rights, affirmed by the State Human Rights Appeal Board. The petitioner alleged racial discrimination by Dunlop Tire and Rubber Corporation and United Rubber Workers, Local No. 135. The court ruled that a prior Federal District Court dismissal of the petitioner's identical discrimination claim against the same defendants, under federal law, barred the instant state action based on the doctrine of res judicata. The elements required for establishing a prima facie case in both federal and state actions were deemed nearly identical. Additionally, the court found substantial evidence supported the New York State Human Rights Appeal Board's determination.

Human Rights LawRacial DiscriminationEmployment DiscriminationRes JudicataExecutive LawPrior AdjudicationState Division of Human RightsHuman Rights Appeal BoardNew YorkFederal Precedent
References
6
Case No. 04-14-00569-CV
Regular Panel Decision

Burton Kahn v. Helvetia Asset Recovery, Inc.

Burton Kahn, former president of Helvetia Asset Recovery, Inc., was terminated for misconduct in August 2013. In retaliation, Kahn allegedly transferred over $340,000 from Helvetia's accounts, recorded fraudulent warranty deeds conveying Helvetia's real estate to his new corporation, Paradiv Corporation, and falsely claimed to be Helvetia's sole shareholder. Helvetia sued Kahn for breach of fiduciary duty, conversion, money had and received, and slander of title. A jury found in favor of Helvetia, awarding substantial actual and exemplary damages. Kahn subsequently filed for Chapter 7 bankruptcy, during which his non-exempt assets, including his appellate rights in this case, were sold to Helvetia by the bankruptcy trustee. This brief, filed by Helvetia, argues that Kahn lacks standing to pursue this appeal due to the sale of his appellate rights, effectively rendering the appeal moot, and that the trial court's judgment should be affirmed.

Breach of Fiduciary DutyFraudulent DeedsAsset MisappropriationAppellate Rights SaleBankruptcy EstateCollateral EstoppelTexas LawCivil LitigationCorporate MalfeasanceInjunctive Relief
References
112
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. 03-03-00580-CV
Regular Panel Decision
Jul 01, 2004

McManus-Wyatt Produce Co., Inc., D/B/A McManus-Wyatt Produce Marketing Co., Inc. v. Texas Department of Agriculture Produce Recovery Fund Board Eddy Carnes Carnes Farms, Inc. And Allen Carnes

McManus-Wyatt Produce Co. appealed a district court order affirming a decision by the Texas Department of Agriculture Produce Recovery Fund Board. The Board had awarded Carnes damages for a breach-of-contract complaint against McManus. McManus argued that the Board's administrative determination violated its state constitutional right to a jury trial for a breach-of-contract claim. The appellate court agreed, finding that the administrative scheme completely abrogated this right, which was established prior to the 1876 Texas Constitution. Consequently, the court held the Board's order unconstitutional as applied to McManus, reversing the district court's final order and vacating the Board's decision.

Jury Trial RightConstitutional ViolationBreach of ContractAdministrative Due ProcessProduce Recovery FundTexas Constitution Article I Section 15Appellate Court ReviewStatutory SchemeAgriculture LawDe Novo Review
References
16
Case No. MISSING
Regular Panel Decision

Korn v. New York State Human Rights Appeal Board

On August 4, 1977, the petitioner filed a complaint with the State Division of Human Rights, accusing respondent Life Savers, Inc. of unlawful discriminatory practices related to his employment under the Human Rights Law. The petitioner, a factory worker, claimed his knee condition prevented him from performing duties requiring continuous standing, but no alternative work was available. Following his termination, the State Division dismissed the complaint for lack of probable cause, a decision upheld by the State Human Rights Appeal Board. The court affirmed the dismissal, finding no evidence of discriminatory action or intent by the employer. The court noted that the petitioner had initially denied any physical handicaps and that available work was assigned based on seniority under a union contract. The determination of no probable cause was supported by substantial evidence.

Employment DiscriminationDisability DiscriminationRetaliationHuman Rights LawProbable CauseTerminationFactory WorkerKnee ConditionSeniority RightsUnion Contract
References
1
Case No. MISSING
Regular Panel Decision

McManus-Wyatt Produce Co. v. Texas Department of Agriculture Produce Recovery Fund Board

McManus-Wyatt Produce Co., Inc. (McManus) appealed a district court order that affirmed a decision by the Texas Department of Agriculture Produce Recovery Fund Board. The Board had awarded Eddy Carnes and Carnes Farms, Inc. $138,439.74, with $35,000 from the Produce Recovery Fund and the remainder to be paid by McManus. McManus argued that the Board's determination violated its state constitutional right to a jury trial, as a breach-of-contract suit was also pending in Hidalgo County district court. The appellate court agreed, finding that the administrative scheme completely abrogated McManus's right to a jury trial on a breach-of-contract claim, a right preserved by the Texas Constitution of 1876. Therefore, the court reversed the district court's order and vacated the Board's order, deeming it unconstitutional as applied to McManus.

Jury TrialConstitutional RightBreach of ContractAdministrative LawProduce Recovery FundTexas Agriculture CodeDue ProcessPACAAppellate ReviewVacated Order
References
16
Case No. MISSING
Regular Panel Decision

North Shore University Hospital v. State Human Rights Appeal Board

This proceeding involved a review of an order from the State Human Rights Appeal Board, which affirmed a finding by the State Division of Human Rights that the petitioners had discriminated against complainant Essie Morris. The discrimination stemmed from the petitioners' failure to accommodate Morris's observance of the Sabbath and her subsequent employment termination, violating Executive Law § 296(10). The court found substantial evidence supporting the Division's finding that petitioners improperly placed the burden on Morris to find assignment swaps. It emphasized an employer's affirmative duty to reasonably accommodate religious beliefs. The petitioners also failed to demonstrate exemption from Executive Law § 296(10) under paragraphs (b) and (c). Consequently, the order was confirmed, and the petitioners' appeal was dismissed.

Religious DiscriminationSabbath ObservanceEmployment TerminationReasonable AccommodationExecutive Law § 296State Human Rights LawEmployer ResponsibilitySubstantial Evidence ReviewJudicial Review of Administrative OrderPetition Dismissal
References
3
Case No. MISSING
Regular Panel Decision

Cluett, Peabody & Co. v. New York State Division of Human Rights

This case addresses whether an arbitration proceeding, which determined a job classification was not discriminatory under a collective bargaining agreement but explicitly stated it lacked authority to rule on Human Rights Law violations, bars a subsequent proceeding before the State Division of Human Rights. Employees Betty Lingle and Joan Skinner initially filed a grievance and later complaints with the State Division of Human Rights alleging sex discrimination after their termination. Following an arbitration decision that denied relief but did not address Human Rights Law issues, their employer, Cluett, Peabody & Co., Inc., sought a judgment declaring the Division lacked jurisdiction due to election of remedies. The court, presided over by John W. Sweeny, J., held that the arbitration did not constitute an election of remedies precluding the State Division from proceeding, as the arbitrator had no authority to decide Human Rights Law issues. Consequently, the employer's motion to dismiss the complaint was granted, allowing the Human Rights Commission to continue with the employees' complaints.

DiscriminationSex DiscriminationHuman Rights LawArbitrationCollective Bargaining AgreementExclusive RemedyJurisdictionState Division of Human RightsSeniority RightsElection of Remedies
References
3
Case No. MISSING
Regular Panel Decision
Jan 21, 1994

Hone v. New York State Division of Human Rights

Petitioner, a sportswriter for The Daily Star, was discharged following multiple complaints of harassment against female co-workers and other women, despite receiving prior warnings and counseling. He subsequently filed a discrimination complaint with the State Division of Human Rights, alleging his termination was based solely on an earlier arrest. The Division investigated the claim and found no probable cause to support an unlawful discriminatory practice. Petitioner then sought to annul this determination in Supreme Court, which dismissed his application. The appellate court affirmed the Supreme Court's judgment, concluding that the Division's determination was rational, not arbitrary or capricious, and its investigative process was fair.

Employment DiscriminationWorkplace HarassmentWrongful TerminationHuman Rights LawAdministrative ReviewProbable CauseJudicial ReviewAppellate DecisionExecutive Law § 298CPL § 170.55
References
1
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