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• Title: Matter State Division Human Rights v. Union Carbide Corporation Et Al.
• Author : Supreme Court of New York
• Release Date : January 23, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

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[34 A.D.2d 636 Page 636] Petitioner seeks an order enforcing an order of the Division, dated September 23, 1969, entered upon a conciliation agreement
made pursuant to subdivision 3 of section 297 of the Executive Law. It is alleged that respondents have not complied with
the order of the Division in that they have failed to offer to the complainant a non-routine administrative position. It is
undisputed that respondents did offer two positions to the complainant, but complainant found each of them unacceptable. The
petition alleges that the positions rejected by complainant did not satisfy the provisions of the Division order of September
23, 1969. Proper court procedures for implementation of article 15 (Human Rights Law) of the Executive Law are in the formative
stage. Section 298 provides that the Division may obtain an order "for the enforcement of any order of the commissioner which
has not been appealed to the board" in a proceeding in the Appellate Division. No criteria are set forth in that section which
shall serve as a guide or basis for an enforcement order. In Matter of State Division of Human Rights v. Employers-Commercial
Union Ins. Group (33 A.D.2d 273, mot. for lv. to app den. 26 N.Y.2d 611) this court held that the language of section 298
was not mandatory, and that this court was vested with a measure of discretion in determining whether an enforcement order
should issue. In that case, however, the Division admitted that the respondents had not violated the directives of the Division,
but sought the enforcement order to assure continued compliance. An enforcement order was denied. In the instant proceeding,
there is a conflict in the papers as to whether or not there has been compliance. The only suggestion in article 15 of the
Executive Law regarding procedure upon claimed non-compliance is found in subdivision 7 of section 297 which provides: "Not
later than one year from the date of a conciliation agreement or an order issued under this section, and at any other times
in its discretion, the division shall investigate whether the respondent is complying with the terms of such agreement or
order. Upon a finding of non-compliance, the division shall take appropriate action to assure compliance." This provision
expressly provides for an investigation and findings before appropriate action can be taken to assure compliance. Implicit
in Employers Ins. (supra) is that before this court exercises its discretion in issuing an enforcement order, there must be
an appropriate record basis, i, e., that the papers disclose the results of the investigation made and that the Division has
made findings as a result thereof. In deciding whether the [34 A.D.2d 636 Page 637]

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