In the Matter of Imperial Diner, Inc., Respondents v. State Human Rights Appeal Board, Respondent, and…

Summary

The Court reversed the Appellate Division and affirmed the State Human Rights Division’s finding that the employer’s anti‑Jewish remarks constituted discrimination in conditions of employment, that the commissioner was authorized to order a written apology, and that back‑pay was a proper remedial measure. The decision rests on the substantial‑evidence standard and the broad remedial powers granted to the commissioner. Justice Meyer dissented, arguing that the apology requirement infringes the First Amendment and that the back‑pay award exceeds the commissioner’s discretion.