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Pioneer Group v. State Div. of Human Rights

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1041 (N.Y. App. Div. 1991)

Summary

holding that substantial evidence supported unlawful discrimination determination and referencing complainant's "unlawful termination"

Summary of this case from Noble v. Career Educ. Corp.

Opinion

June 7, 1991

Appeal from the Supreme Court, Onondaga County, Miller, J.

Present — Dillon, P.J., Callahan, Boomer, Balio and Lowery, JJ.


Determination unanimously modified on the law and as modified confirmed without costs, in accordance with the following Memorandum: We find that there was substantial evidence supporting the State Division of Human Rights' (SDHR) determination that petitioners unlawfully discriminated against complainant because he had been convicted of a crime (see, Executive Law § 296; Correction Law § 752; see also, State Div. of Human Rights v Sorrento Cheese Co., 115 A.D.2d 323).

However, the order of SDHR must be modified to state that the award of back pay should be offset by any unemployment insurance benefits and employment-related income received by complainant during the period between his unlawful termination and the date on which he accepts or rejects petitioner Pioneer Group's offer of employment (see, Matter of Cosmos Forms v State Div. of Human Rights, 150 A.D.2d 442). In addition, the award to complainant for mental anguish, although supported by his testimony that he was depressed and had difficulty in eating and sleeping for a year after his termination, is reduced to $5,000 as the $10,000 awarded by SDHR was clearly excessive (see, Matter of New York City Tr. Auth. v State Div. of Human Rights, 160 A.D.2d 874, as amended and lv denied Oct. 15, 1990; Matter of Cosmos Forms v State Div. of Human Rights, supra; Matter of Board of Educ. v State Div. of Human Rights, 109 A.D.2d 988; see also, Matter of Almeter v State Div. of Human Rights, 133 A.D.2d 530), and the order of SDHR is modified accordingly.


Summaries of

Pioneer Group v. State Div. of Human Rights

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1041 (N.Y. App. Div. 1991)

holding that substantial evidence supported unlawful discrimination determination and referencing complainant's "unlawful termination"

Summary of this case from Noble v. Career Educ. Corp.

finding $10,000 award excessive as a matter of law, reducing to $5,000

Summary of this case from Tanzini v. Marine Midland Bank, N.A.

reducing $10,000 award for mental anguish to $5,000

Summary of this case from Shea v. Icelandair

reducing $10,000 award for mental anguish granted by NYS Div. of Human Rights to $5,000.00, for the reason that $10,000.00 was excessive as a matter of law

Summary of this case from Luciano v. Olsten Corp.
Case details for

Pioneer Group v. State Div. of Human Rights

Case Details

Full title:PIONEER GROUP et al., Petitioners, v. STATE DIVISION OF HUMAN RIGHTS, on…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 7, 1991

Citations

174 A.D.2d 1041 (N.Y. App. Div. 1991)
572 N.Y.S.2d 207

Citing Cases

Tanzini v. Marine Midland Bank, N.A.

This holding is consistent with a number of cases under the HRL dealing with "garden variety emotional…

Shea v. Icelandair

rdicts On its face, the award in this case may appear to deviate materially from other judgments under the…