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1
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OPINION
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EXTRACTED KEY WORDS
DISCRIMINATION STUDENTS HUMAN RIGHTS LAW CITY HUMAN RIGHTS YORK CITY STATE HUMAN RIGHTS PRACTICE POLICY PLAINTIFFS DISPARATE IMPACT NYC ADMIN LEVIN LESBIAN GAY COURT DEFENDANTS SEXUAL ORIENTATION YESHIVA UNIVERSITY EMPLOYMENT ACCOMMODATIONS LEGAL DEFENSE EDUCATION FUND EXECUTIVE LAW SUPREME COURT AECOM APPELLATE DIVISION COMPARISON GROUP SARA LEVIN PROHIBITING |
1 No. 76
Sara Levin, et al.,
Appellants,
v.
Yeshiva University et al.,
Respondents.
_________________________________________________________________
2001 NY Int. 89
July 2, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
James D. Esseks, for appellants.
Mark A. Jacoby, for respondents.
Attorney General of the State of New York; Lambda Legal Defense and
Education Fund, et al.; Audre Lorde Project, et al.; Association of
the Bar of the City of New York; NAACP Legal Defense and Educational
Fund, Inc., et al.; Gay and Lesbian Law Students Alliance et al.,
amici curić.
_________________________________________________________________
CIPARICK, J.:
The New York City Human Rights Law, like the State Human Rights Law,
protects certain groups from policies or practices that discriminate
against them in areas such as employment, public accommodations and
housing (see, Executive Law § 296; NYC Admin. Code § 8-107). The
City's Human Rights Law goes the additional step of prohibiting
policies or practices which, though neutral on their face and neutral
in intent, have an unjustified disparate impact upon one or more of
the covered groups. In contrast to the State law, the New York City
law explicitly extends protection to persons discriminated against on
the basis of sexual orientation.
Plaintiffs Sara Levin and Maggie Jones are lesbians enrolled at
defendant Yeshiva University's Albert Einstein College of Medicine
(AECOM) in the Bronx.(1) Plaintiff Gilda Wildfire appears as an
officer of AECOM's lesbian and gay students' organization. The
complaint alleges the following facts, which we must accept as true
for present purposes: Yeshiva maintains a number of different sized
apartments near AECOM for the housing of medical students. AECOM's
housing policy restricts university-owned housing to medical students,
their spouses and children. All apartment vacancies are filled from a
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