In the Matter of State Division of Human Rights, on Complaint of Arlene S. Cottongim, Respondent v. County of…

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the State Division of Human Rights Commissioner’s finding that the County of Onondaga Sheriff’s Department discriminated against Arlene S. Cottongim on the basis of race and sex was supported by substantial evidence, and that the Commissioner acted within his discretion in ordering her reinstatement. The court also affirmed that the employer’s own discriminatory conduct, not merely vicarious liability, justified liability and the remedial order.