State Division of Human Rights v. Genesee Hospital

Simons, J. P. (dissenting).

There are two issues in this case. The first is whether there is an affirmative duty on an employer to attempt to accommodate the known religious beliefs of its employees or whether it may defeat a discrimination complaint brought pursuant to section 296 (subd 10, par [b]) of the Executive Law merely by showing justification for its actions at the time of the hearing. The second issue is whether petitioner has proven "undue economic hardship” excepting it from the statute’s requirement in this case. In my view, an employer has an affirmative duty to make reasonable…