Boddie v. National Cleaning Contractors, Inc.

Appellate Division of the Supreme Court of New York

Boddie v. National Cleaning Contractors, Inc.

112 A.D.2d 421, 492 N.Y.S.2d 80, 1985 N.Y. App. Div. LEXIS 56168

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 29, 1985

StatusPublished

This text of 112 A.D.2d 421 (Boddie v. National Cleaning Contractors, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boddie v. National Cleaning Contractors, Inc., 112 A.D.2d 421, 492 N.Y.S.2d 80, 1985 N.Y. App. Div. LEXIS 56168 (N.Y. Ct. App. 1985).

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Opinion

Proceeding pursuant to Executive Law § 298 to review an order of the New York State Division of Human Rights, dated January 30, 1984, which determined that there was no probable cause to believe that the respondent had engaged in an unlawful discriminatory practice.

Order confirmed and proceeding dismissed, without costs or disbursements.

Petitioner filed a complaint with the State Division of Human Rights (SDHR) alleging that she was discriminated against on the basis of race. The alleged discrimination was in the form of verbal abuse which, she maintains, forced her to resign her position.

It is well established that a complainant has the burden of proving that there is probable cause to believe that her employer engaged in discriminatory practices in violation of Executive Law § 296 (Matter of Fellows v Capital Area Community Health Plan, 84 AD2d 872). In the case at bar, the allegations before the SDHR amounted to a complaint that certain coemployees had verbally abused the petitioner. However, there was no indication that the employer or any high-ranking senior executive was either involved in or condoned such harassment. Consequently, the record supports SDHR’s determination of no probable cause (Patrowich v Chemical Bank, 98 AD2d 318, 326, affd 63 NY2d 541). Lazer, J. P., Gibbons, Bracken and Niehoff, JJ., concur.

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Proceeding pursuant to Executive Law § 298 to review an order of the New York State Division of Human Rights, dated January 30, 1984, which determined that there was no probable cause to believe that the respondent had engaged in an unlawful discriminatory practice.

Order confirmed and proceeding dismissed, without costs or disbursements.

Petitioner filed a complaint with the State Division of Human Rights (SDHR) alleging that she was discriminated against on the basis of race. The alleged discrimination was in the form of verbal abuse which, she maintains, forced her to resign her position.

It is well established that a complainant has the burden of proving that there is probable cause to believe that her employer engaged in discriminatory practices in violation of Executive Law § 296 (Matter of Fellows v Capital Area Community Health Plan, 84 AD2d 872). In the case at bar, the allegations before the SDHR amounted to a complaint that certain coemployees had verbally abused the petitioner. However, there was no indication that the employer or any high-ranking senior executive was either involved in or condoned such harassment. Consequently, the record supports SDHR’s determination of no probable cause (Patrowich v Chemical Bank, 98 AD2d 318, 326, affd 63 NY2d 541). Lazer, J. P., Gibbons, Bracken and Niehoff, JJ., concur.

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Bluebook (online)

112 A.D.2d 421, 492 N.Y.S.2d 80, 1985 N.Y. App. Div. LEXIS 56168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boddie-v-national-cleaning-contractors-inc-nyappdiv-1985.

Opinion

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