Miller Brewing Co. v. State Division of Human Rights
Cases that cite this one
114 later published cases cite this decision. The 25 that cite it most often are listed here.
- Camillo v. Coca-Cola Bottling Co. of New York, Inc. (District Court, N.D. New York 1991)
- Vinokur v. Sovereign Bank (District Court, E.D. New York 2010)
- Mastrangelo v. Kidder, Peabody & Co., Inc. (District Court, S.D. New York 1989)
- Schanfield v. Sojitz Corp. of America (District Court, S.D. New York 2009)
- Carole Tomka v. The Seiler Corporation, Daniel Lucey, David Polonsky and Timothy Conroy (2d Cir. 1995)
- Zenni v. Hard Rock Cafe International, Inc. (District Court, S.D. New York 1995)
- Patterson v. Xerox Corporation (District Court, W.D. New York 2010)
- Wolf v. New York City Department of Education (District Court, S.D. New York 2010)
- Hargett v. New York City Transit Authority (District Court, S.D. New York 2009)
- Allen v. Advanced Digital Information Corp. (District Court, N.D. New York 2007)
- Savarese v. WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK (District Court, E.D. New York 2006)
- Faggiano v. Eastman Kodak Co. (District Court, W.D. New York 2005)
- Dunbar v. County of Saratoga (District Court, N.D. New York 2005)
- Cox v. Quick & Reilly, Inc. (District Court, N.D. New York 2005)
- Gulino v. Board of Education of the City School District of New York (District Court, S.D. New York 2002)
- Turner v. National Railroad Passenger Corp. (District Court, N.D. New York 2002)
- Aguirre v. New York State Police (District Court, S.D. New York 2001)
- Treglia v. Town of Manlius (District Court, N.D. New York 2001)
- Dunson v. Tri-Maintenance & Contractors, Inc. (District Court, E.D. New York 2001)
- Smith v. AVSC International, Inc. (District Court, S.D. New York 2001)
- Carroll v. Bayeriche Landesbank (District Court, S.D. New York 2000)
- Epstein v. Kalvin-Miller International, Inc. (District Court, S.D. New York 2000)
- Epstein v. Triton Advertising, Inc. (District Court, S.D. New York 2000)
- Epstein v. Kalvin-Miller International, Inc. (District Court, S.D. New York 2000)
- Brown v. Middaugh (District Court, N.D. New York 1999)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be - reversed, without costs, and the matter remitted for further proceedings.
We agree with the Appellate Division that complainants, former employees of Better Brands, Inc., established a prima facie showing that they had been subject to employment discrimination by Miller based upon their age. The Appellate Division erred, however, in holding that Miller failed to rebut the presumption of discrimination. Establishment of the prima facie case by complainants shifted the burden to Miller to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory reasons to support its employment decision. (Matter of Pace Coll, v Commission of Human Rights, 38 NY2d 28, 38; Texas Dept. of Community Affairs v Burdine, 450 US 248, 254-256.)
An examination of the record indicates that the general sales manager of Better Brands, who also had the responsibility for the selection of former Better Brands’ employees for employment, had articulated legitimate, independent and non
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, and matter remitted to the Appellate Division, Second Department, with directions to remand to the State Division of Human Rights for further proceedings in accordance with the memorandum herein.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.