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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47181 Justice Schmidt NEW YORK City’s Human Rights Commission imposed a $10,000 civil penalty for racial discrimination on a Chinese restaurant whose employee refused to serve a black investigator – a commission staff attorney – until she paid for her food. A white commissioner received his food before paying as did two other non-black patrons. The restaurant challenged the penalty as unwarranted and excessive. The court granted the commission’s motion for an order enforcing the penalty’s imposition. However, the court reduced the penalty to $5,000. Applying the proportionality analysis used by the Appellate Division in 119-121 East 97th Street Corp. v. New York City Commission on Human Rights, the court found that the restaurant’s “proven discriminatory action, while intolerable, clearly differs from the litany of severely hostile discriminatory acts found over a period of time” in other cases.

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