Legal Opinion

Opn. No.

New York Attorney General Reports

Decided February 28, 1980Published

1Opinion of the Court

Hon. Janes L. Magavern Counsel to the Comptroller State of New York

You have requested our opinion concerning the power of the Commissioner of Human Rights to award compensatory damages against the State as employer under the Human Rights Law. It is our opinion that, with the limitation discussed below, he can and that the State is obligated to pay the award or to contest it through the appeal process provided for the Human Rights Law.

It is well settled that the State is an employer subject to the Human Rights Law. The original predecessor of this law was added by Chapter 118 of the Laws of…

2Cases cited7 opinions

  1. Molitor v. Kaneland Community Unit District No. 302Illinois Supreme Court · 1959
  2. City of Schenectady v. State Division of Human RightsNew York Court of Appeals · 1975
  3. Matter of Berger v. WalshNew York Court of Appeals · 1943
  4. Board of Higher Education v. CarterNew York Court of Appeals · 1964
  5. Delicati v. SchechterAppellate Division of the Supreme Court of the State of New York · 1956

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