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DIV. OF HUMAN RIGHTS v. XEROX

102 A.D.2d 543 (1984)

State Division of Human Rights, on Complaint of Catherine McDermott, Petitioner, v. Xerox Corporation, Respondent

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

July 13, 1984

Attorney(s) appearing for the Case

Catherine R. McDermott, petitioner pro se.

Harris, Beach, Wilcox, Rubin & Levey (Richard Chapman of counsel), for Xerox Corporation, respondent.

Robert Abrams, Attorney-General (Peter Clary of counsel), for State Division of Human Rights Appeal Board, respondent.

DILLON, P. J., CALLAHAN, DENMAN and MOULE, JJ., concur.

HANCOCK, JR., J.

Catherine McDermott, the complainant, was refused a job by respondent Xerox solely because of a medical condition described by Xerox' Director of Health Services as "active gross obesity". Following a hearing on her complaint of discrimination under the Human Rights Law (Executive Law, art 15), the Commissioner found that Xerox had violated Executive Law (§ 296, subd 1, par [a]) in unlawfully...

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