Opinion
December 30, 1993
Appeal from the Supreme Court, New York County (Diane S. Lebedeff, J.).
Although title VII of the Federal Civil Rights Act of 1964 ( 42 U.S.C. § 2000e [b]) is inapplicable because appellants employed only thirteen employees at all relevant times, the record reveals no error of law on the part of the Commission. The Commission's finding, supported by substantial evidence, that appellants discriminated against complainant by treating her pregnancy-related disability in a less favorable manner than other disabilities (West Hempstead Union Free School Dist. v State Div. of Human Rights, 116 A.D.2d 642, 643) is consistent with well-settled law that requires an employer to grant maternity leave to the extent that it grants leaves for other disabilities (Brooklyn Union Gas Co. v New York State Human Rights Appeal Bd., 41 N.Y.2d 84, 91).
Further, the award of $8,356 for lost wages is supported by the evidence and the award of $20,000 for mental anguish is not "`"`shocking to one's sense of fairness'"'" (Matter of Barton v New York City Commn. on Human Rights, 151 A.D.2d 258, 259).
We have considered appellants' other arguments and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Kupferman and Rubin, JJ.