Narrative Opinion Summary
In this case, the court addressed the enforcement of a previous order by the State Division of Human Rights, supported by the Human Rights Appeal Board, concerning the complainant's claims for back pay, reinstatement, and interest on compensatory damages. The petition sought enforcement of the order, which included $45,900.31 in back pay, calculated on the basis of assumed commission and bonuses due to the respondent's failure to provide necessary payroll information. The court found the respondent's claims regarding the complainant's earnings insufficient and required the submission of verified payroll data within 20 days. This would allow both parties to present evidence on commission and wage payments, enabling the Commissioner to determine the precise back pay and interest due. The decision also provided for the complainant's reinstatement with retraining and interest on compensatory damages from the original order date to the decision date. The proceedings were governed by Executive Law § 298, emphasizing the enforcement of human rights decisions without awarding costs to either party.
Legal Issues Addressed
Calculation of Back Pay and Compensatory Damagessubscribe to see similar legal issues
Application: The court orders the respondent to provide verified payroll data to accurately calculate back pay and interest owed to the complainant.
Reasoning: This amount was calculated based on assumptions regarding commissions and bonuses due to the respondent's failure to provide payroll data.
Enforcement of Human Rights Orderssubscribe to see similar legal issues
Application: The court grants enforcement of a prior order by the State Division of Human Rights to ensure compliance with back pay, reinstatement, and interest provisions.
Reasoning: The State Division of Human Rights (SDHR) seeks enforcement of a prior order dated April 10, 1981, which was affirmed by the Human Rights Appeal Board.
Obligations of Respondent in Human Rights Casessubscribe to see similar legal issues
Application: The respondent is required to submit verified information on average commission and wage payments, allowing both parties to present further evidence.
Reasoning: The respondent must submit verified information on average commission and wage payments for specified periods to the Commissioner within 20 days.
Proceedings Under Executive Lawsubscribe to see similar legal issues
Application: The case proceeds under the provisions of Executive Law § 298, governing the enforcement of human rights decisions.
Reasoning: The proceeding is conducted under Executive Law § 298.
Reinstatement and Compensatory Damagessubscribe to see similar legal issues
Application: The complainant is entitled to job reinstatement with retraining and interest on compensatory damages from the order date to the decision date.
Reasoning: The complainant is entitled to reinstatement with necessary retraining and will receive judgment interest on the $1,500 compensatory damages from April 10, 1981, to November 4, 1983.