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

Summary

The Court held that the State Human Rights Commissioner’s finding that Imperial Diner discriminated against a Jewish employee based on a single antisemitic remark was supported by substantial evidence, that the employer’s conduct amounted to a constructive discharge, and that the Commissioner was authorized to order a written apology and back pay. Accordingly, the Court reversed the Appellate Division’s annulment of the determination and granted enforcement of the Commissioner’s order. Judge Meyer dissented in part, arguing that the apology and back‑pay awards exceeded constitutional and discretionary limits.