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NYC TR AUTH v. HUMAN RIGHTS

89 N.Y.2d 79 (1996)

674 N.E.2d 305

651 N.Y.S.2d 375

In the Matter of New York City Transit Authority et al., Respondents, v. State of New York, Executive Department, Division of Human Rights, Respondent, and Mary Myers, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 1996.

Attorney(s) appearing for the Case

Marc D. Stern, New York City, and Mitchell Tyner, of the Maryland Bar, admitted pro hac vice, for appellant.

Elaine A. Smith, Buffalo, and Lawrence Kunin, New York City, for State Division of Human Rights, respondent.

Evelyn Jonas, Brooklyn, Martin B. Schnabel and Richard Schoolman for New York City Transit Authority, respondent.

O'Donnell, Schwartz, Glanstein & Rosen, New York City (David B. Rosen of counsel), for Transport Workers Union of Greater New York, AFL/CIO, Local 100, respondent.

Chief Judge KAYE and Judges SIMONS, SMITH and LEVINE concur with Judge TITONE; Judge BELLACOSA dissents in part in a separate opinion; Judge CIPARICK taking no part.

TITONE, J.

Our State's Human Rights Law prohibits employers from discriminating against their employees because of their religiously motivated Sabbath observance (Executive Law § 296 [10] [a]). Recognizing that there may be circumstances in which the mandate of the statute conflicts with the strictures of a collective bargaining agreement, we have previously held that an employer caught in such a conflict...

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