Legal Opinion

Miller Brewing Co. v. State Division of Human Rights

New York Court of Appeals

Decided December 17, 1985PublishedCited by 116 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be - reversed, without costs, and the matter remitted for further proceedings.

We agree with the Appellate Division that complainants, former employees of Better Brands, Inc., established a prima facie showing that they had been subject to employment discrimination by Miller based upon their age. The Appellate Division erred, however, in holding that Miller failed to rebut the presumption of discrimination. Establishment of the prima facie case by complainants shifted the burden to Miller to rebut the presumption of…

2Cases cited3 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Pace College v. Commission on Human RightsNew York Court of Appeals · 1975

3Cited by116 opinions

  1. Carole Tomka v. The Seiler Corporation, Daniel Lucey, David Polonsky and Timothy ConroyCourt of Appeals for the Second Circuit · 1995
  2. KAREN VAN ZANT, Plaintiff-Appellant, v. KLM ROYAL DUTCH AIRLINES; And Kenneth Hasan King, Defendants-AppelleesCourt of Appeals for the Second Circuit · 1996
  3. Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
  4. Samuel S. SONG, Plaintiff-Appellant, v. IVES LABORATORIES, INC., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1992
  5. Alvin Joel TYLER, Plaintiff-Appellee Cross-Appellant, v. BETHLEHEM STEEL CORPORATION, Defendant-Appellant Cross-AppelleeCourt of Appeals for the Second Circuit · 1992

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