We find that the challenged determination is supported by substantial evidence, and as in Ebasco Servs. v New York State Div. of Human Rights ( 234 AD2d 80 [decided herewith]), we decline to disturb the Commissioner Designee's fact-finding function. We find, however, the award of $100,000 in compensatory damages excessive to the extent indicated ( cf., SUNY Coll. of Envtl. Science Forestry v State Div. of Human Rights, 144 AD2d 962). Because the argument concerning back pay is concededly based on facts not presented to the agency, we decline to consider that argument (see, Matter of Piasecki v Department of Social Servs., 225 AD2d 310, 311). We have considered petitioner's remaining arguments and find them to be without merit.