88 A.D.2d 1061 | N.Y. App. Div. | 1982
— Proceeding initiated in this court pursuant to section 298 of the Executive Law to review a determination of the State Human Rights Appeal Board, dated July 7, 1981, which enforced in all respects the order of the State Division of Human Rights finding that petitioner discriminated against respondent Joseph G. Luma by refusing to consider him as a prospective employee for an available position because of his record of arrests and awarding to respondent compensatory damages for mental anguish and humiliation in the sum of $2,500. Respondent Joseph G. Luma (respondent) filed a complaint with the State Division of Human Rights (division) charging petitioner with unlawful discriminatory practices in violation of subdivision 16 of section 296 of the Executive Law (Human Rights Law) in that petitioner denied respondent employment solely on the basis of an arrest record. The division found probable cause and .referred the matter to a public hearing on July 12, 1977. The parties entered into a stipulation of settlement before the