Pre-trial motions for summary judgment denied.
The Commission on Human Rights alleged that seven stores and their managers and owners discriminated on the basis of gender and creed by posting signs reading “No shorts, no barefoot, no sleeveless, no low cut neckline allowed in this store.” Prior to trial, the Commission and respondents both moved for summary judgment. ALJ John B. Spooner denied the Commission’s motion after finding material issues of fact, and denied respondents’ motion due to their inability to establish that it would be impossible for the Commission to show discriminatory intent at a hearing. Comm’n on Human Rights v. Tiv-Tov Stores, Inc.(in PDF), OATH Index Nos. 1443/13, 1444/13, 1445/13, 1446/13, 1447/14, 1448/13, 1449/13, 1450/13, 1451/13, 1452/13, 1453/13, 1454/13, 1455/13, 1456/13, 1457/13, & 1458/13, mem. dec. (July 18, 2013).