Legal Opinion

Board of Education v. New York State Division of Human Rights

New York Court of Appeals

Decided June 10, 1982PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Cooke.

The question here is whether a seniority system can be found to discriminate now against a woman when, in computing seniority, it disregards all service rendered prior to a resignation compelled because of pregnancy, notwithstanding that the Human Rights Law did not prohibit sex-based discrimination when the pregnancy-related resignation was originally demanded. Such a system can be found to be discriminatory.

Complainant Rose Burns was first hired in September, 1956 by respondent Board of Education of Farmingdale Union Free School District (Board) on…

2Cases cited5 opinions

  1. Nashville Gas Co. v. SattySupreme Court of the United States · 1977
  2. State Office of Drug Abuse Services v. State Human Rights Appeal BoardNew York Court of Appeals · 1979
  3. MATTER OF QUEENSBOROUGH CMTY. COLL. OF THE CITY UNIV. OF NEW YORK v. State Human Rights Appeal Bd.New York Court of Appeals · 1977
  4. State Division of Human Rights v. Burroughs Corp.New York Court of Appeals · 1980
  5. Board of Education of Farmingdale Union Free School District v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by23 opinions

  1. Consolidated Edison Co. v. New York State Division of Human RightsNew York Court of Appeals · 1991
  2. State Division of Human Rights v. County of Onondaga Sheriff's DepartmentNew York Court of Appeals · 1988
  3. Lynn Teachers Union, Local 1037 v. Massachusetts Commission Against DiscriminationMassachusetts Supreme Judicial Court · 1990
  4. Murphy v. KirklandAppellate Division of the Supreme Court of the State of New York · 2011
  5. Elaine W. v. Joint Diseases North General Hospital, Inc.New York Court of Appeals · 1993

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