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MATTER OF AT&T BELL LABS. v. NEW YORK STATE DIV. OF HUMAN RIGHTS

213 A.D.2d 230 (1995)

624 N.Y.S.2d 9

In the Matter of AT&T Bell Laboratories, Petitioner, v. New York State Division of Human Rights, on Complaint of Todd Rohling, Respondent

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

March 14, 1995

In order to withstand judicial review, a finding that a prospective employer discriminated against a person by failing to hire him or her because of a "disability" within the meaning of Executive Law § 296 (1) (a) must be supported by substantial evidence to sustain, inter alia, the Commissioner's finding that the disability did "not prevent the complainant from performing in a reasonable manner the activities involved...

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