Holland v. Edwards

119 N.E.2d 581, 34 L.R.R.M. (BNA) 2018, 307 N.Y. 38, 1954 N.Y. LEXIS 1009, 1 Empl. Prac. Dec. (CCH) 9634, 1 Fair Empl. Prac. Cas. (BNA) 9, 44 A.L.R. 2d 1130
CourtNew York Court of Appeals
DecidedApril 23, 1954
StatusPublished
Cited by132 cases

This text of 119 N.E.2d 581 (Holland v. Edwards) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland v. Edwards, 119 N.E.2d 581, 34 L.R.R.M. (BNA) 2018, 307 N.Y. 38, 1954 N.Y. LEXIS 1009, 1 Empl. Prac. Dec. (CCH) 9634, 1 Fair Empl. Prac. Cas. (BNA) 9, 44 A.L.R. 2d 1130 (N.Y. 1954).

Opinions

Fuld, J.

Representing as it does the first instance of a litigated controversy, after a hearing, under the Law Against Discrimination (Executive Law, art. 15), this appeal is of more than passing significance.

Helena Holland, appellant herein, doing business as the Holland Vocational Service, operates an employment agency for secretaries and clerical workers in New York City. On September 18,1951, a young woman, Rue Lehds by name, went to the agency in response to a newspaper advertisement for a secretary. She was given an application to fill out which included, among other items, the question, “ Family Name or [42]*42Your Name ever Changed Legally or otherwise.” Miss Lehds answered by noting that her family name had been “ Winston.”

After looking over the application as filled out, appellant proceeded to question Miss Lehds concerning the religion of one of her former employers, the maiden name of the latter’s wife — “ What sort of name is that?” — and the applicant’s national origin, as reflected by her name and schooling. Although, according to Miss Lehds, there was some discussion of a prospective position — with an employer other than appellant — nothing further came of the interview.

Upon Miss Lehds’ complaint, respondent, the State Commission Against Discrimination, conducted a preliminary investigation and then, after unsuccessful resort to the statutory procedure of ‘ ‘ conference, conciliation and persuasion ’ ’, held a hearing in accordance with the provisions of the Law Against Discrimination (Executive Law, § 297). Appellant made a statement in her behalf in the preliminary investigation and filed an answer to the complaint. At the hearing, however, she withdrew before any evidence was taken, electing to make no defense and to conduct no cross-examination of the witnesses who testified in support of the complaint.

At the conclusion of the hearing, the commission decided that the question as to change of name in the application form and the oral inquiries violated subdivision 3 of section 296 of the statute. That subdivision (renum. by L. 1952, ch. 285, as § 296, subd. 1, par. [c]) declares it to be an unlawful practice for any employer or employment agency, as defined in the Law, s( to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color or national origin, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification.”

To enforce its determination, the commission issued an order directing appellant to cease and desist ” from making any inquiries respecting race, creed, color or national origin when interviewing, or receiving applications from, persons seeking employment; from giving consideration to such factors in making evaluations of applicants for referral to prospective [43]*43employers; and from using an application form which includes any inquiry or reference concerning an applicant’s change of name, unless first submitted to, and approved by, the commission. Appellant was further directed not to furnish any information to prospective employers as to an applicant’s race, creed, color or national origin, and not to accept any job orders containing any limitation, specification or discrimination on that score. The order also required appellant to maintain and make available to the commission, for a period of one year, records of the action taken on all employment applications and employers’ job orders, and to make available to the commission all other records relating to her business, until such time as the commission should determine that she was complying with the statute.

It is worth noting— particularly in view of section 298 of the Executive Law — that no objection was urged before the commission as to any finding of fact, conclusion of law or requirement of the order, and no change or modification of such order was sought of the commission.

Shortly after the determination was made, proceedings were initiated both by the commission to compel compliance with its order and by appellant to review the commission’s decision. The Supreme Court at Special Term granted the commission’s application and denied appellant’s petition. The Appellate Division affirmed by a divided court, the minority dissenting with respect to the direction that appellant maintain records of the action taken on employment applications and job orders.

At the outset, we observe that the legislature created the Commission Against Discrimination to effectuate its declared policy of combating the practice of discrimination on the basis of race, creed, color or national origin, as a threat to our democratic institutions (Executive Law, § 290). Specified discriminatory practices in the field of employment were denominated “unlawful employment practices,” and the commission was empowered to take appropriate action to eliminate and prevent such practices (§§ 290, 296, 297).1 Upon complaint by [44]*44“ Any person claiming to be aggrieved ”, the commission is authorized to conduct a hearing, after first attempting to eliminate the practice complained of “by conference, conciliation and persuasion.” If, upon all the evidence at the hearing, the commission finds that the respondent has engaged in an unlawful employment practice as defined in the statute, it is authorized to issue an order requiring the respondent to “ cease and desist from such unlawful employment practice and to take such affirmative action * * * as, in the judgment of the commission, will effectuate the purposes of this article ” (§■ 297). Provisiones made for judicial review and enforcement of orders of the commission, the statute announcing that “ The findings of the commission as to the facts shall be conclusive if supported by sufficient evidence on the record considered as a whole ” (§ 298).

Judicial review of findings made by an administrative agency such as this commission is, of course, limited to the question whether the findings are, upon the entire record, supported by evidence “ so substantial that from it an inference of the existence of the fact found may be drawn reasonably.” (Matter of Stork Restaurant v. Boland, 282 N. Y. 256, 273; see, also, Matter of McCormack v. National City Bank, 303 N. Y. 5, 9; Matter of Humphrey v. State Ins. Fund, 298 N. Y. 327, 332.) There can be no doubt that there was here present the requisite substantial evidence to support the commission’s findings that appellant’s inquiries “ expressed a [prohibited] limitation, specification or discrimination as to creed or national origin.” In accordance with the statutory declaration (§ 298), those findings are, therefore “ conclusive ”.

Appellant, however, argues that neither the inquiry as to change of name nor any of the questions put by her in the oral interview necessarily reflected a discriminatory purpose or design. And it is quite true, as the Appellate Division observed, that the inquiry as to change of name might, in another setting, “be entirely removed from any purpose of discrimination” and might, under other circumstances, be regarded as “ quite appropriate ” (282 App. Div. 353, 359). Nevertheless, in this case, it was entirely reasonable for the commission to conclude [45]*45that appellant’s inquiries, when considered as a whole and in context, contravened the statute.

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Bluebook (online)
119 N.E.2d 581, 34 L.R.R.M. (BNA) 2018, 307 N.Y. 38, 1954 N.Y. LEXIS 1009, 1 Empl. Prac. Dec. (CCH) 9634, 1 Fair Empl. Prac. Cas. (BNA) 9, 44 A.L.R. 2d 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-edwards-ny-1954.