BD. OF EDUC. v. DIV. OF HUMAN RIGHTS


42 A.D.2d 49 (1973)

Board of Education of Union Free School District No. 2, East Williston, Town of North Hempstead, Petitioner, v. New York State Division of Human Rights et al., Respondents. (Susan Arluck, Complainant.) Board of Education of Union Free School District No. 2, East Williston, Town of North Hempstead, Petitioner, v. New York State Division of Human Rights et al., Respondents. (Rachel Curto, Complainant.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 25, 1973.


Attorney(s) appearing for the Case

Faruolo, Caputi & Weintraub (Frank J. Faruolo, Jr., of counsel), for petitioner.

Henry Spitz (Joan Offner, Adele Graham and Ann Thacher Anderson of counsel), for respondent.

MARTUSCELLO, SHAPIRO and BRENNAN, JJ., concur with HOPKINS, Acting P. J.; MUNDER, J., dissents and votes to annul the orders and to deny the cross applications, with an opinion.


HOPKINS, Acting P. J.

Since both of these proceedings raise similar issues, they are considered together. The predominant question is whether a pregnant teacher may be compelled by rule of a board of education to take an unpaid leave of absence not later than five months prior to her delivery, regardless of her physical ability to perform her duties and her desire to continue teaching. The Commissioner of the...

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