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IN THE MATTER OF STATE DIVISION OF HUMAN RIGHTS v. DOM'S WHOLESALE AND RETAIL CENTER, INC.

18 A.D.3d 335 (2005)

795 N.Y.S.2d 537

In the Matter of STATE DIVISION OF HUMAN RIGHTS, Petitioner, v. DOM'S WHOLESALE AND RETAIL CENTER, INC., et al., Respondents.

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

May 19, 2005.

The record, based on the complainant's unrefuted allegations, evinces sufficient evidence of a hostile work environment created by same-sex harassment (see Oncale v Sundowner Offshore Services, Inc., 523 U.S. 75 [1998]), amounting to constructive termination of employment (Matter of State Div. of Human Rights v ARC XVI Inwood, Inc., 17 A.D.3d 239 [2005]). The matter is distinguishable from ...

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