State Division of Human Rights v. Xerox Corp.

Memorandum. The Appellate Division order should be affirmed.

Petitioner, a Black, asserts that respondent’s employment policy of temporarily suspending certain employees who are arrested for serious crimes constitutes an unlawful discriminatory practice because statistical evidence establishes that Blacks are more likely to be arrested than whites. We find the argument unavailing. Were it true that respondent’s policy was self-executing upon arrest, the claim arguably might have merit (see State Div. of Human Rights v Kilian Mfg. Corp., 35 NY2d 201; cf. Griggs v Duke Power Co., 401 US 424;…