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PIZZA HUT v. HUMAN RIGHTS BD

51 N.Y.2d 506 (1980)

In the Matter of Manhattan Pizza Hut, Inc., et al., Appellants, v. New York State Human Rights Appeal Board et al., Respondents.

Court of Appeals of the State of New York.

Decided December 18, 1980.

Attorney(s) appearing for the Case

Patrick M. Murphy, Jr., for appellants.

Sara Toll East and Ann Thacher Anderson for State Division of Human Rights, respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur with Judge FUCHSBERG; Chief Judge COOKE dissents and votes to affirm in a separate opinion.

FUCHSBERG, J.

The issue, one of first impression in this court, is whether an amendment to the Human Rights Law (Executive Law, § 296), which adds discrimination attributable to an individual's "marital status" to its roll of interdicted employment practices, is violated by an employer's antinepotism rule.1 Entitled "employment policy", the rule, promulgated in a bulletin by...

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