INST. OF TECH. v. HUMAN RIGHTS


40 N.Y.2d 316 (1976)

New York Institute of Technology, Appellant, v. State Division of Human Rights et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1976.


Attorney(s) appearing for the Case

Edward F. Callan and Joseph F. Porrino for appellant.

Sara Toll East and Beverly Gross for State Division of Human Rights, respondent.

Norman E. Henkin for Laura Canuto, respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

The issue before us is whether the State Commissioner of Human Rights, having found that an educational institution denied a professor tenure on the basis of a discriminatory classification, may order the institution to grant the offended employee tenure. We conclude that, while the commissioner may have this power in the abstract, its employment must be carefully restricted to only the most extraordinary...

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