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RIO MAR RESTAURANT v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

270 A.D.2d 47 (2000)

704 N.Y.S.2d 230

RIO MAR RESTAURANT et al., Petitioners, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 7, 2000.

Substantial evidence supports the Division's findings that the petitioners sexually harassed and constructively discharged complainant from her employment (see, Executive Law § 298; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176), and its award of back pay. Although a complainant ordinarily has a duty to exercise diligence to mitigate his or her damages...

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