13 N.Y.2d 1097 (1963)
A party alleging religious bias in promotion decisions must present specific instances and factual allegations sufficient to warrant a factual inquiry, though a showing of systematic exclusion is not the only method of proving unlawful discrimination.
Summary
Lombardo, et al., brought an Article 78 proceeding alleging religious bias in promotion decisions at a tax-supported college. The Court of Appeals affirmed the Appellate Division’s order, finding that the petitioners’ allegations were insufficient to warrant a jury trial. While evidence of systematic exclusion or a generalized pattern can demonstrate unlawful discrimination, it’s not the exclusive method. The dissent argued that specific allegations of bias, coupled with findings from the State Commission for Human Rights, warranted a trial to resolve the factual issues.
Facts
The petitioners, Lombardo et al., claimed religious bias and prejudice influenced promotion decisions at a City University of New York (CUNY) college. The State Commission for Human Rights (formerly S.C.A.D.) had previously made findings suggesting that key personnel at Queens College resisted employing and promoting Catholic teachers. The petitioners cited specific instances to support their claim of bias.
Procedural History
The case originated in Special Term, which ruled in favor of the petitioners. The Appellate Division reversed Special Term’s order. The Court of Appeals affirmed the Appellate Division’s decision, upholding the dismissal of the petitioners’ claim, with a dissenting opinion arguing for reversal and reinstatement of the Special Term’s order.
Issue(s)
Whether the petitioners presented sufficient evidence of religious bias in promotion decisions to warrant a jury trial.
Holding
No, because the petitioners did not present sufficient specific instances and factual allegations to necessitate a jury trial. The court found that the allegations, even when considered with the State Commission for Human Rights findings, did not establish a triable issue of fact requiring a trial.
Court’s Reasoning
The majority, in a brief per curiam decision, affirmed the Appellate Division’s order without providing detailed reasoning. The dissent, however, articulated a differing view. Judge Scileppi, in dissent, emphasized that bias and prejudice are often concealed and manifested through conduct. While systematic exclusion can demonstrate discrimination, it is not the only permissible method of proof. The dissent highlighted the specific instances alleged by the petitioners and the findings of the State Commission for Human Rights, which suggested resistance to the employment and promotion of Catholic teachers at Queens College. The dissent argued that these factors, taken together, demonstrated a triable issue of fact entitling the petitioners to their day in court. The dissent explicitly referenced precedent, stating, “I am not suggesting that every bare charge of discrimination should be tested by a trial; however, in this case we are confronted by allegations of specific instances tending to show the existence of bias and prejudice.”