Thursday, July 24, 2014

The City's Human Rights Law and an allegation of discrimination based on disability.

Practice point:  Here, the defendant met its burden of demonstrating entitlement to judgment as a matter of law by offering evidence that the plaintiff, at the time of his discharge, was not suffering from a disability that would require an accommodation.
In any event, said the Appellate Division, there was a legitimate, nondiscriminatory
reason for his termination of employment. In opposition, the plaintiff failed to raise a
triable issue of fact.

Student note:  The New York City Human Rights Law prohibits an employer from discriminating against an individual who is disabled, pursuant to Administrative Code
of City  of NY § 8-107[15]).

Case:  Caban v. New York Methodist Hosp., NY Slip Op 05292 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue: A fall on the ice, out of season but actionable.