ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

July 14, 2014

Failure to allege discriminatory animus fatal to an individual’s claims of unlawful discrimination under State and New York City Human Rights Laws



Failure to allege discriminatory animus fatal to an individual’s claims of unlawful discrimination under State and New York City Human Rights Laws 
2014 NY Slip Op 05037, Appellate Division, First Department

The Appellate Division affirmed State Supreme Court granting the New York City Department of Citywide Administrative Service’s motion to dismiss an employee’s [Employee] Human Rights complaint.

The court, construing the complaint liberally and presuming its factual allegations to be true, gave Employee the benefit of every possible favorable inference and yet found that the Employee had not adequately plead or established a recognized disability under either the State or City Human Rights Law.

The Appellate Division explained that Employee’s medical proof only established that he was extremely anxious and stressed because of his daughter's medical condition.

Further, citing McEniry v Landi, 84 NY2d 554, the court said that Employee failed to adequately plead discriminatory animus. This, it pointed out, was fatal to Employee’s discrimination claims under the State and City Human Rights Laws.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com