WESTINGHOUSE v. HUMAN RIGHTS


49 N.Y.2d 234 (1980)

In the Matter of Westinghouse Electric Corp. et al., Respondents, v. State Division of Human Rights et al., Appellants.

Court of Appeals of the State of New York.

Decided January 10, 1980.


Attorney(s) appearing for the Case

Jerome P. Vanora, Ann Thacher Anderson, Harry Starr and Elaine Berger for appellants.

James L. Burke for respondents.

Chief Judge COOKE and Judges JASEN and GABRIELLI concur with Judge JONES; Judge FUCHSBERG concurs in a separate opinion; Judge WACHTLER dissents and votes to reverse in another opinion in which Judge MEYER concurs.


JONES, J.

Under the former provisions of the Human Rights Law it was not an unlawful discriminatory practice to deny an applicant employment because of a physical disability which was related to the ability to engage in the activities of the job or occupation, even though it was not demonstrated that the degree or extent of the disability of the particular applicant was such as would interfere with his ability...

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