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SCHWEIZER v. HUMAN RIGHTS

48 N.Y.2d 294 (1979)

In the Matter of Schweizer Aircraft Corporation, Respondent, v. State Division of Human Rights et al., Appellants.

Court of Appeals of the State of New York.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Sara Toll East and Ann Thacher Anderson for State Division of Human Rights, appellant.

James Spitz, Jr., and A. Terry Van Houten for James B. Amrhein, appellant.

James L. Burke for respondent.

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

MEYER, J.

This appeal requires that we interpret section 296 (subd 10, par [c]) of the Executive Law which proscribes discrimination in employment because of sabbath observance, but excepts from its proscription an employer other than the State, a political subdivision or a school district "where the uniform application of terms and conditions of attendance to employees is essential to prevent undue economic...

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