Board of Education of Union Free School District No. 2 v. New York State Division of Human Rights
Board of Education of Union Free School District No. 2 v. New York State Division of Human Rights
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the motion to adjudge appellant in contempt dismissed.
Respondents, State Division of Human Rights and State Human Rights Appeal Board, seek to have appellant, board of education, held in contempt for violating an order of the Appellate Division- dated June 25, 1973 directing appellant, among other things, to cease and desist from discriminating against its employees on the basis of. sex. Although a motion to adjudge appellant in contempt might well be a proper means of attacking an alleged continued failure to obey that order, such a procedural vehicle is inappropriate where, as here, specific relief is sought for named individuals who were not parties to the proceeding out of which the order arose.
A claimant alleging an unlawful discriminatory practice under the State Human Rights Law has the option of filing a verified written complaint with the Human Rights Division (Executive Law, § 297, subd 1) or suing directly in a court of
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Order reversed, etc.
Reference
- Full Case Name
- Board of Education of Union Free School District No. 2, East Williston, Town of North Hempstead v. New York State Division of Human Rights, on the Complaint of Susan Arluck, Respondents Board of Education of Union Free School District No. 2, East Williston, Town of North Hempstead v. New York State Division of Human Rights, on the Complaint of Rachel Curto
- Status
- Published