Matter of New York State Div. of Human Rights v Boston Mkt. Corp.

Holding The court confirmed the determination that Boston Market Corporation unlawfully discriminated against the complainant based on sex and upheld the associated damages and civil penalties. However, the court annulled the portion of the determination seeking enforcement against the individual respondent, Nicholas Foreman, because he cannot be held individually liable for the damages awarded.

The court’s words

The scope of judicial review under the Human Rights Law is extremely narrow and is confined to the consideration of whether the determination of the SDHR is supported by substantial evidence in the record

2026 NY Slip Op 05958, at the official text

Substantial evidence means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact

2026 NY Slip Op 05958, at the official text

Foreman may not be held individually liable for the damages awarded by the Commissioner

2026 NY Slip Op 05958, at the official text

A court may set aside an administrative penalty only if it is so disproportionate to the offense as to be shocking to one's sense of fairness

2026 NY Slip Op 05958, at the official text