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BD. OF EDUC. v. STATE DIV.

56 N.Y.2d 257 (1982)

In the Matter of Board of Education of Farmingdale Union Free School District, Respondent, v. New York State Division of Human Rights, Appellant. Rose A. Burns, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1982.

Attorney(s) appearing for the Case

Ann Thacher Anderson for appellant.

Robert E. Penn for Rose A. Burns, respondent.

Kendrick C. Smith for Board of Education of Farmingdale Union Free School District, respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Chief Judge COOKE.

The question here is whether a seniority system can be found to discriminate now against a woman when, in computing seniority, it disregards all service rendered prior to a resignation compelled because of pregnancy, notwithstanding that the Human Rights Law did not prohibit sex-based discrimination when the pregnancy-related resignation was originally demanded. Such a system can be found to...

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