State Division of Human Rights v. Carnation Co.

Memorandum. Order of the Appellate Division reversed, order of the Human Rights Appeal Board reinstated, and the case remitted to the Division of Human Rights for an evidentiary hearing. Section 296 (subd 10, par [a]) of the Executive Law prohibits discrimination in employment based on a person’s "observance of any particular day or days or any portion thereof as a sabbath or other holy day in accordance with the requirements of his religion”. The statutory prohibition does not apply, however, "where the uniform application of terms and conditions of attendance to employees is essential to…