New York State Div. of Human Rights v. New York-Pennsylvania Professional Baseball League, YORK-PENNSYLVANIA

CourtNew York Court of Appeals
Citation329 N.Y.S.2d 99,29 N.Y.2d 921
Decision Date13 January 1972
Parties, 279 N.E.2d 856, 4 Fair Empl.Prac.Cas. (BNA) 543, 4 Empl. Prac. Dec. P 7641 NEW YORK STATE DIVISION OF HUMAN RIGHTS, on Complaint of Bernice GERA, Respondent, v. NEWPROFESSIONAL BASEBALL LEAGUE et al., Appellants.
Docket NumberYORK-PENNSYLVANIA

Page 99

329 N.Y.S.2d 99
29 N.Y.2d 921, 279 N.E.2d 856, 4 Fair
Empl.Prac.Cas. (BNA) 543,
4 Empl. Prac. Dec. P 7641
NEW YORK STATE DIVISION OF HUMAN RIGHTS, on Complaint of
Bernice GERA, Respondent,
v.
NEW YORK-PENNSYLVANIA PROFESSIONAL BASEBALL LEAGUE et al., Appellants.
Court of Appeals of New York.
Jan. 13, 1972.

Appeal from the Supreme Court, Appellate Division, Fourth Department, 36 A.D.2d 364, 320 N.Y.S.2d 788.

[29 N.Y.2d 923] Henry Spitz, New York City (Alan J. Saks, New York City, of counsel), for State Division of Human Rights.

Mario Biaggi, New York City, for Bernice Gera.

Proceeding was brought to review orders of the State Division of Human Rights and Human Rights Appeal Board determining that professional baseball league officials had barred female complainant

Page 100

from employment as an umpire because of her sex and directing petitioning officials to cease and desist such practice.

The Appellate Division dismissed the petition and confirmed the order. It held that the standards applied by the officials which required that an umpire must be five feet ten inches tall and weigh 170 pounds were not justified by claim that umpires must command respect of big men or by factors relating to increased size of professional catchers, physical strain, travel conditions and length of games, and that the standards were inherently discriminatory against women. The officials appealed.

In the Court of Appeals the State Division of Human Rights asserted that the finding of fact on which decisions of Commissioner were made were conclusive because supported by sufficient evidence on record considered as a whole, that the practical business policy doctrine was not properly invoked and that the Commissioner had jurisdiction to order officials to not rely on prior physical standards but rather to reformulate revised standards with respect to umpires hired to work in New York.

Order affirmed, with one bill of costs to respondents.

All concur except SCILEPPI and GIBSON, JJ., who dissent and vote to reverse on the dissenting opinion by Justice GABRIELLI at the Appellate Division.

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23 practice notes
  • Smith v. Troyan, Nos. 73-2226
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 3 Julio 1975
    ...New York State Div. of Human Rights v. New York-Pennsylvania Professional Baseball League, 36 A.D.2d 364, 320 N.Y.S.2d 788, aff'd, 29 N.Y.2d 921, 329 N.Y.S.2d 99, 279 N.E.2d 856 (1972) (baseball umpire), and Moore v. City of Des Moines Police Dep't, 2 CCH Empl.Prac.Guide P 5184 (CP No. 881,......
  • State Division of Human Rights on Complaint of Freeman v. Xerox Corp.
    • United States
    • New York Supreme Court Appellate Division
    • 18 Julio 1975
    ...405, supra; New York State of Human Rights v. New York-Pennsylvania Professional Baseball League, 36 A.D.2d 364, 320 N.Y.S.2d 788, affd. 29 N.Y.2d 921, 329 N.Y.S.2d 99, 279 N.E.2d 856; State Div. of Human Rights v. N.Y.C. Dept. of Parks & Recreation, 38 A.D.2d 25, 326 N.Y.S.2d 640 (involvin......
  • City of Schenectady v. State Division of Human Rights
    • United States
    • New York Court of Appeals
    • 8 Julio 1975
    ...York State Div. of Human Rights v. New York-Pennsylvania Professional Baseball League, 36 A.D.2d 364, 367, 320 N.Y.S.2d 788, 790, affd. 29 N.Y.2d 921, 329 N.Y.S.2d 99, 279 N.E.2d 856). Here, respondents have submitted no evidence justifying the conclusion that a female police officer, by vi......
  • Board of Ed. of Union Free School Dist. No. 2, East Williston, Town of North Hempstead, Nassau County v. New York State Division of Human Rights
    • United States
    • New York Supreme Court Appellate Division
    • 25 Junio 1973
    ...(cf. New York State Div. of Human Rights v. New York-Pennsylvania Professional Baseball League, 36 A.D.2d 364, 320 N.Y.S.2d 788, affd. 29 N.Y.2d 921, 329 N.Y.S.2d 99, 279 N.E.2d 856; Weeks v. Southern Bell Tel. & Tel. Co., 5 Cir., 408 F.2d 228). Gender as a source of such differentiation is......
  • Request a trial to view additional results
23 cases
  • Smith v. Troyan, Nos. 73-2226
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 3 Julio 1975
    ...New York State Div. of Human Rights v. New York-Pennsylvania Professional Baseball League, 36 A.D.2d 364, 320 N.Y.S.2d 788, aff'd, 29 N.Y.2d 921, 329 N.Y.S.2d 99, 279 N.E.2d 856 (1972) (baseball umpire), and Moore v. City of Des Moines Police Dep't, 2 CCH Empl.Prac.Guide P 5184 (CP No. 881,......
  • State Division of Human Rights on Complaint of Freeman v. Xerox Corp.
    • United States
    • New York Supreme Court Appellate Division
    • 18 Julio 1975
    ...405, supra; New York State of Human Rights v. New York-Pennsylvania Professional Baseball League, 36 A.D.2d 364, 320 N.Y.S.2d 788, affd. 29 N.Y.2d 921, 329 N.Y.S.2d 99, 279 N.E.2d 856; State Div. of Human Rights v. N.Y.C. Dept. of Parks & Recreation, 38 A.D.2d 25, 326 N.Y.S.2d 640 (involvin......
  • City of Schenectady v. State Division of Human Rights
    • United States
    • New York Court of Appeals
    • 8 Julio 1975
    ...York State Div. of Human Rights v. New York-Pennsylvania Professional Baseball League, 36 A.D.2d 364, 367, 320 N.Y.S.2d 788, 790, affd. 29 N.Y.2d 921, 329 N.Y.S.2d 99, 279 N.E.2d 856). Here, respondents have submitted no evidence justifying the conclusion that a female police officer, by vi......
  • Board of Ed. of Union Free School Dist. No. 2, East Williston, Town of North Hempstead, Nassau County v. New York State Division of Human Rights
    • United States
    • New York Supreme Court Appellate Division
    • 25 Junio 1973
    ...(cf. New York State Div. of Human Rights v. New York-Pennsylvania Professional Baseball League, 36 A.D.2d 364, 320 N.Y.S.2d 788, affd. 29 N.Y.2d 921, 329 N.Y.S.2d 99, 279 N.E.2d 856; Weeks v. Southern Bell Tel. & Tel. Co., 5 Cir., 408 F.2d 228). Gender as a source of such differentiation is......
  • Request a trial to view additional results

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