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1
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OPINION
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EXTRACTED KEY WORDS
CITY YORK TRANSIT AUTHORITY JURISDICTION PUBLICATION LAW COMMISSION HUMAN RIGHTS DISCRIMINATION CORPORATIONS EMPLOYER ADMINISTRATIVE CODE PROVISION MATTER NY2D COMPLAINT GENERAL MUNICIPAL LAW LEGISLATURE POWERS NYC ADMIN LOCAL LAWS CONSTR RESPONDENT PETITIONER CONCURRENT AGENCIES THRUWAY AUTH SUPRA CONTENTION |
IN THE MATTER OF LYNN J LEVY, v. THE CITY COMISSION ON HUMAN RIGHTS
IN THE MATTER OF NEW YORK CITY TRANSIT AUTHORITY, APPELLANT, v. THE NEW YORK
CITY COMMISSION ON HUMAN RIGHTS, RESPONDENT.
85 N.Y.2d 740, 651 N.E.2d 1264, 628 N.Y.S.2d 245 (1995).
June 8, 1995
1 No. 147 (1995 NY Int. 139)
Decided June 8, 1995
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Eugene Freidus, for Appellant
Rose M. Morgan, for individual Respondent.
Michael S. Adler, for City Respondents.
SIMONS, J.:
As this appeal comes to us, the only issue presented is whether the
New Y ork City Transit Authority is subject to the jurisdiction of the
New Yo rk City Commission on Human Rights. We hold that it is, and
therefore affirm the order of the Appellate Division.
In September 1987 petitioner Ly nn Levy filed a complaint with the
New York City Commission on Human Rights, al leging discrimination by
her former employer, the New York City Transi t Authority. Levy
complained that she had been subject to sexual harassme nt, and that
the termination of her probationary employment with the Trans it
Authority was the direct result of her refusal to go on dates with her
supervisor. The Commission awarded her relief, and the Transit
Authority instituted this CPLR article 78 proceeding challenging the
Commission's jurisdiction.
The New Yo rk City Administrative Code vests in the New York City
Commission on Human Rights the authority and jurisdiction to eliminate
and prevent discrimi nation within the City of New York (see
generally, New York City Administrative Code title 8).(n 1) It
provides further that it shall be illegal for an employer to discharge
or otherwise discrim inate against an employee on the basis of gender
(NYC Admin Code § 8-107(1)(a)). With respect to matters within the
Commission's authority, the jurisdiction of the City Commiss ion
within New York City is concurrent with the jurisdiction of the New
York State Division of Human Rights (General Municipal Law
239-s).(n 2)
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