Schweizer Aircraft Corp. v. State Division of Human Rights

OPINION OF THE COURT

Meyer, J.

This appeal requires that we interpret section 296 (subd 10, par [c]) of the Executive Law which proscribes discrimination in employment because of sabbath observance, but excepts from its proscription an employer other than the State, a political subdivision or a school district "where the uniform application of terms and conditions of attendance to employees is essential to prevent undue economic hardship to the employer”. The subdivision puts the burden of proof on the employer in any proceeding in which applicability of its proscription is in issue. We hold…