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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Matter of Rensselaer County Sheriff's Department v. New York State Division of Human Rights

Lora Abbott Seabury, an employee at a correctional facility, filed a complaint in 2010 alleging sexual harassment by male coworkers, creating a hostile work environment. An Administrative Law Judge found in her favor, recommending substantial economic and non-economic damages. The Commissioner of Human Rights adjusted the economic damages but adopted the recommendations. The correctional facility (petitioner) sought to annul the determination, while Seabury sought modification and confirmation. The Court upheld the finding of a hostile work environment due to gender-based harassment, crediting Seabury's testimony about daily harassment, supervisors' inaction, and gender-biased statements. The Court also affirmed the $300,000 award for noneconomic injuries, finding it supported by evidence of severe psychological trauma, including PTSD and major depressive disorder. Furthermore, the Court ruled that Seabury's award should not be offset by workers' compensation benefits and that pension losses must be compensated, remitting the matter to determine those damages.

Sexual HarassmentHostile Work EnvironmentGender DiscriminationAdministrative ReviewDamages AwardEconomic DamagesNoneconomic DamagesWorkers' Compensation OffsetPension BenefitsDuty to Mitigate
References
29
Case No. 2023 NY Slip Op 02129 [215 AD3d 973]
Regular Panel Decision
Apr 26, 2023

Matter of Town of Hempstead v. New York State Div. of Human Rights

Lisa Whitaker, a life skills counselor, suffered a work-related injury and filed a discrimination complaint against the Town of Hempstead with the NYS Division of Human Rights (DHR) after being denied a return to work with accommodations and subsequently terminated. The DHR Commissioner found unlawful discrimination and awarded back pay, compensatory damages, and a civil penalty. Upon review, the Appellate Division found insufficient evidence for some of the original awards. Consequently, it reduced the amounts for back pay, mental anguish, and the civil penalty, while otherwise confirming and enforcing the DHR's determination as amended.

DiscriminationDisability AccommodationBack PayCompensatory DamagesCivil PenaltyEmployment TerminationCivil Service LawHuman Rights LawWorkers' Compensation OffsetAppellate 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

New York City Transit Authority v. State

Mary Myers, a Seventh Day Adventist, was terminated from her employment by the Transit Authority for her refusal to work on Saturdays due to religious observance. Despite the Transit Authority's attempts to accommodate her, the Transport Workers Union's collective bargaining agreement, which prioritized seniority for work assignments and days off, prevented such accommodation without waiving other employees' seniority rights. The Commissioner of Human Rights found Ms. Myers' religious convictions sincere. However, the court, citing precedent regarding union seniority systems, annulled the administrative determination that had supported Ms. Myers. Justice Rubin, in a concurring opinion, criticized the legal framework that exempts union seniority systems from civil rights statutes, arguing for a joint employer and union obligation to reasonably accommodate religious beliefs, especially for quasi-public entities.

Religious discriminationSeniority systemCollective bargaining agreementReasonable accommodationSabbath observanceFreedom of religionFirst AmendmentCivil Rights ActExecutive LawEmployment termination
References
5
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. 698 F.Supp. 452
Regular Panel Decision
Jan 01, 1988

Tunis v. Corning Glass Works

Catherine Tunis, a process engineer at Corning Glass, filed a lawsuit alleging sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. She claimed a hostile work environment due to pinup photographs, gender-based language, and catcalls, and that her termination was in retaliation for her complaints and an EEOC filing. The court found that the employer took prompt and reasonable remedial action regarding the hostile environment claims. Additionally, the court determined that Tunis failed to demonstrate that the legitimate, non-discriminatory reasons provided by Corning Glass for her termination were merely a pretext for discrimination. Consequently, all of Tunis's claims were dismissed, and judgment was entered in favor of the defendant.

Sex DiscriminationHostile Work EnvironmentRetaliationTitle VIICivil Rights ActEmployment DiscriminationWorkplace HarassmentGender BiasWrongful TerminationFederal Lawsuit
References
12
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
Oct 21, 2005

Claim of Tully v. Live Right Realty Corp.

The claimant, a painter and plasterer, suffered a heart attack while working. A Workers’ Compensation Law Judge determined that an employer-employee relationship existed between the claimant and Jules Reich, rather than Live Right Realty Corporation. This decision was upheld by a Workers’ Compensation Board panel and subsequently affirmed on appeal. The court found substantial evidence to support the Board's conclusion, citing factors such as Reich's control over the claimant's work, provision of materials, payment method, and right to discharge.

Employer-Employee RelationshipWorkers' Compensation BoardSubstantial EvidenceControl of WorkMethod of PaymentRight to DischargeAppellate ReviewFactual DisputeHeart AttackLabor Law
References
2
Case No. MISSING
Regular Panel Decision

Resnik v. New York State Division of Human Rights

This case involves a petitioner's review of a determination made by the Commissioner of the State Division of Human Rights. The original determination, dated January 30, 1992, concluded that Pall Biomedical Products Corp. had not unlawfully discriminated against the petitioner based on her pregnancy. The current proceeding confirmed this determination and dismissed the case on the merits. The court found substantial evidence in the record to support the Commissioner's finding, specifically noting the petitioner's misrepresentation of hours, refusal to assist co-workers, and irregular work hours.

human rightsemployment discriminationpregnancy discriminationadministrative reviewsubstantial evidenceemployee misconductirregular work hoursNew York State Division of Human Rights
References
3
Case No. MISSING
Regular Panel Decision

New York State Office of Mental Health v. New York State Division of Human Rights

Alphonso Purse Jr. was terminated by his employer (petitioner) in March 1992 after being absent from work due to alcohol rehabilitation and osteoarthritis. He subsequently filed a complaint with the State Division of Human Rights (SDHR), alleging discriminatory practice based on his status as a recovering alcoholic. An Administrative Law Judge (ALJ) found discrimination and awarded Purse $5,000 for emotional distress but denied back pay. SDHR later reversed the ALJ's decision on back pay, awarding Purse an additional $385,750. The petitioner (employer) then challenged SDHR's determination in court. The court upheld the finding of unlawful discriminatory practice and the award for emotional distress, but annulled the award of back pay, concluding that Purse's economic losses were due to his disability, not discrimination, as he was receiving disability benefits concurrently with his removal from the payroll.

Disability DiscriminationAlcohol Abuse RehabilitationEmployment TerminationExecutive LawState Division of Human RightsBack Pay AwardEmotional Distress DamagesCollective Bargaining AgreementMedical DocumentationSubstantial Evidence Review
References
10
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