From Matter of Stellar Dental Mgt. LLC v. New York State Div. of Human Rights, 2018 NY Slip Op 04483 (App. Div. 4th Dept. June 15, 2018):
We further conclude that substantial evidence supports SDHR’s determination that two of the complainants were subjected to unlawful retaliation. The record establishes that those complainants reported sexual harassment to management and were terminated from their employment shortly thereafter, thus supporting the determination that the legitimate reasons proffered for the terminations were pretextual (see Executive Law § 296 ; cf. Pace v Ogden Servs. Corp., 257 AD2d 101, 104-106 [3d Dept 1999]; see also La Marca-Pagano v Dr. Steven Phillips, P.C., 129 AD3d 918, 921 [2d Dept 2015]; Matter of Law Offs. of Oliver Zhou, PLLC v New York State Div. of Human Rights, 128 AD3d 618, 619 [1st Dept 2015]). With respect to the third complainant, we conclude that there is substantial evidence supporting the determination that petitioner unlawfully retaliated against her by constructively discharging her, because the record establishes that the conditions of her employment had become so intolerable that a reasonable person in her position would have felt compelled to resign (see generally Thompson v Lamprecht Transp., 39 AD3d 846, 848 [2d Dept 2007]; Matter of Graham v New York City Tr. Auth., 242 AD2d 722, 722 [2d Dept 1997], lv denied 94 NY2d 759 ).