State Division of Human Rights v. American Can Co.

Determination unanimously annulled, on the law, without costs, and matter remitted to the State Division of Human Rights for further proceedings, in accordance with the following memorandum: Petitioner seeks to annul a determination of the State Division of Human Rights finding no probable cause that respondent violated Executive Law § 298, based upon age discrimination, when it terminated his employment. Based upon our review of the record, the finding of no probable cause was arbitrary and capricious and unsupported by substantial evidence, and the finding is annulled to the extent of…