Young Fu Hsu v. New York State Division of Human Rights
Cases that cite this one
4 later published cases cite this decision.
- Boodram v. Brooklyn Developmental Center (Civil Court of the City of New York 2003)
- Matter of El Agave Mexican Grill, Inc. v. New York State Div. of Human Rights (Appellate Division of the Supreme Court of New York 2021)
- Exxon Shipping Co. v. New York State Division of Human Rights (Appellate Division of the Supreme Court of New York 2003)
- Rio Mar Restaurant v. New York State Division of Human Rights (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Petition unanimously granted in part with costs in accordance with the following Memorandum: Substantial evidence supports the determination that respondent discriminated against the three complainants on the basis of their national origin. Complainants, who are Caucasian and worked at respondent’s restaurant as waitresses, established a prima facie case of discrimination by establishing that Asian waitresses were given preference with respect to hours and table assignments (see generally, Ashker v International Bus. Machs. Corp., 168 AD2d 724, 725). Respondent failed to provide a legitimate nondiscriminatory reason for the disparity in hours and table assignments (see, Matter of Consolidated Edison Co. v New York State Div. of Human Rights, 77 NY2d 411, 418-419, rearg denied 78 NY2d 909; Matter of New York City Bd. of Educ. v Batista, 54 NY2d 379, 384).
The awards of compensatory damages for back pay, lost wages, lost tips and emotional distress are supported by the evidence and are “reasonably related to the discriminatory conduct” (Matter of Consolidated Edison Co. v New York State Div. of Human Rights [Easton], supra, at 420). It is well settled that awards for emotional distress are “not dependent upon psychiatric or other medical evidence” (Matter of Father Belle Community Ctr. v New York State Div. of Human Rights, 221
Case-law data current through December 31, 2025. Source: CourtListener bulk data.