From Casetext: Smarter Legal Research

Southeastern Enter. v. R.I. Comm. for Human Rights, NC910160 (1992)

State of Rhode Island, Superior Court
Apr 16, 1992
Case Number NC910160 (R.I. Super. Apr. 16, 1992)

Opinion

Case Number NC910160

April 16, 1992


DECISION


Plaintiff appeals under the Administrative Procedures Act, seeking reversal of a decision of the Rhode Island Commission for Human Rights which held, following hearings, that plaintiff had engaged in discriminatory employment practice against Russell Brooks and Howard Anton Ray, both black, who were terminated in September, 1988.

The case is rather unusual in that plaintiff is a certified minority business whose black president is, inter alia, a life member of the NAACP, and on the board of the Martin Luther King Foundation (tr. 1/30/90 p. 147.)

Before the Court are the certified record of the Commission, its written decision and order entered February 18, 1991, transcripts of hearings January 29th and 30th, 1990 and memoranda of counsel.

The record contains more than enough evidence to support a decision for the employer, had the Commission chosen to accept it. But, it also contains substantial evidence as defined inCaswell v. George Sherman Sand Gravel Co., 424 A.2d 646, 647 (R.I. 1981), and cited in Newport Shipyard, Inc. v. Rhode Island Commission for Human Rights et al, 484 A.2d 893, 897 (R.I. 1984), accepted by the Commission, which meets the statutory criteria discussed in detail in Newport Shipyard, Inc., supra. The Court here can neither weigh the evidence nor substitute its judgment for that of the Commission. Costa v. Registrar of Motor Vehicles, 543 A.2d 1307 (R.I. 1988).

The Court discerns no basis to fault the Commission underR.I.G.L. 1956 § 42-35-15(g) as amended. The decision appealed from is affirmed and the clerk will forthwith enter judgment for defendants for costs.


Summaries of

Southeastern Enter. v. R.I. Comm. for Human Rights, NC910160 (1992)

State of Rhode Island, Superior Court
Apr 16, 1992
Case Number NC910160 (R.I. Super. Apr. 16, 1992)
Case details for

Southeastern Enter. v. R.I. Comm. for Human Rights, NC910160 (1992)

Case Details

Full title:SOUTHEASTERN ENTERPRISES, INC., Plaintiff vs. RHODE ISLAND COMMISSION FOR…

Court:State of Rhode Island, Superior Court

Date published: Apr 16, 1992

Citations

Case Number NC910160 (R.I. Super. Apr. 16, 1992)