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DELTA v. DIV. OF HUMAN RIGHTS

229 A.D.2d 132 (1996)

652 N.Y.S.2d 253

Delta Air Lines, Inc., Petitioner, v. New York State Division of Human Rights et al., Respondents In the Matter of Salvatore Alesci et al., Petitioners, v. New York State Division of Human Rights et al., Respondents

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

December 31, 1996

Attorney(s) appearing for the Case

Stuart H. Bompey of counsel, New York City (Ira G. Rosenstein, Hunter R. Hughes, Benjamin A. Stone, Thomas J. Munger and Jay D. Milone on the brief; Orrick, Herrington & Sutcliffe, New York City, Rogers & Hardin, Atlanta, Georgia, and Delta Air Lines, Inc., Law Department, attorneys), for Delta Airlines, Inc., petitioner.

Thomas A. Holman of counsel, New York City (Goodkind Labaton Rudoff & Sucharow, L. L. P., and Starr & Holman, L. L. P., attorneys), for individual petitioners in second proceeding and individual respondents in first proceeding.

KUPFERMAN and NARDELLI, JJ., concur with TOM, J.; ROSENBERGER, J. P., and MAZZARELLI, J., dissent in part and concur in part in a separate opinion by MAZZARELLI, J.

TOM, J.

In this appeal, we are called upon to determine whether respondent airline's use of weight standards in hiring flight attendants constitutes disability, age and/or gender discrimination; and whether the Federal Airline Deregulation Act (ADA) preempts petitioners' claims of discrimination.

Factual Background

In the summer of 1991, Pan American Airways (Pan Am) filed for bankruptcy protection...

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