Thomas A. Galante & Son, Inc. v. State Division of Human Rights
Opinion of the Court
Proceeding initiated in this court pursuant to section 298 of the Executive Law to review a determination of the State Human Rights Appeal Board, dated October 18, 1979, which determined that petitioner terminated complainant’s employment because of her sex in violation of the Human Rights Law and ordered that petitioner pay complainant the salary she would have earned if not terminated, less the appropriate deductions, and that petitioner offer her reemployment. One half of the petitioner corporation’s employees were female and all employees were covered for nonjob related health problems, including pregnancy-related disabilities, when complainant was hired by petitioner as a worker in its paper mill on a 30-day probationary basis on August 15, 1977. On August 21, 1977 she was laid off, according to her foreman, because more regular employees were returning to work from sick leave than had been anticipated. Complainant contends that at the time of her layoff, she was led to believe that she would be called back, when in fact, they had no intention of calling her back because they had learned she was pregnant. When recall failed to occur, the complainant, on November 14, 1977, filed a complaint with the State Division of Human Rights (division) charging petitioner with a violation of section 296 (subd 1, par [a]) of the Executive Law. After a determination that probable cause existed, a hearing was held, subsequent to which petitioner was found to have discriminated against the complainant. This finding was affirmed by the State Human Rights Appeal Board (board) and the petitioner seeks annulment of that determination contending that it had absolutely no knowledge of the fact that complainant was pregnant. Judicial review of a determination made by an administrative agency such as the State Human Rights Appeal Board is limited to a consideration of whether that determination was supported by substantial evidence upon the whole record (Matter of Holland v Edwards, 307 NY 38, 44). If such be the case, we are directed by statute that it is conclusive and that order is not to be disturbed (Executive Law, § 298; City
Case-law data current through December 31, 2025. Source: CourtListener bulk data.