Long Island Rail Road v. New York State Division of Human Rights
Opinion of the Court
Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated June 3, 1977, which affirmed an order of the State Division of Human Rights, dated October 22, 1975, which, after a hearing, inter alia, determined that the Long Island Railroad had discriminated against the complainant, John T. Koabel, because of his disability in violation of the Human Rights Law. The State Division of Human Rights has cross-moved, inter alia, (1) to dismiss the petition and (2) for enforcement of its order. Petition granted; order annulled and cross motion denied, on the law, without costs or disbursements, and the complaint charging an unlawful discriminatory practice is dismissed. In 1973 the complainant, John T. Koabel, who had been employed for several summers as a bar car attendant by the Long Island Railroad, applied for a permanent position as a trainman with the railroad. The complainant was advised in August, 1974 that he had been accepted for employment subject to passing the medical examination. Upon the examination by a physician for the railroad, it was found that the complainant suffered from hypertension and a heart murmur. He was so advised. There followed a number of subsequent examinations by the railroad’s physicians. The complainant then had his condition checked by his own physician. The formal rejection occurred more than a week prior to the effective date of the so-called "Flynn Act”, which made it unlawful to discriminate against a person seeking employment because of a physical or mental disability. (See Executive Law, § 296.) The Flynn Act became effective on September 1, 1974. the Long Island Railroad’s letter of rejection to the complainant was dated August 22, 1974. The only indication
Case-law data current through December 31, 2025. Source: CourtListener bulk data.