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DELTA AIR v. HUMAN RIGHTS

91 N.Y.2d 65 (1997)

689 N.E.2d 898

666 N.Y.S.2d 1004

In the Matter of Delta Air Lines, Respondent, v. New York State Division of Human Rights et al., Respondents, and Roberta N. Brown et al., Appellants. In the Matter of Salvatore Alesci et al., Petitioners, and Roberta N. Brown et al., Appellants, v. New York State Division of Human Rights et al., Respondents.

Court of Appeals of the State of New York.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Goodkind Labaton Rudoff & Sucharow, L. L. P., New York City (Edward Labaton, Linda P. Nussbaum and James M. Strauss of counsel), and Starr & Holman, L. L. P. (Thomas A. Holman of counsel), for appellants.

Rogers & Hardin, L. L. P. (Hunter R. Hughes and Benjamin A. Stone, of the Georgia Bar, admitted pro hac vice, of counsel), Orrick, Herrington & Sutcliffe, New York City (Ira G. Rosenstein and Michael Delikat of counsel), Thomas J. Munger and Jay D. Milone, of the George Bar, admitted pro hac vice, for Delta Air Lines, Inc., respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

The threshold issue is whether the Federal Airline Deregulation Act preempts appellants' State discrimination claims against Delta Airlines. If not, this Court must decide whether Delta's use of weight standards in hiring former Pan American Airways flight attendants constitutes discrete or interrelated disability, age, or sex discrimination. The Appellate Division, with two Justices dissenting in...

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