Plaintiff, a former New York Police Department [NYPD] detective, alleged he suffered unlawful discrimination within the meaning of the City of New York's Human Rights Law [HRL] as the result of his being placed on restricted duty because of his disability.
Plaintiff contended that he was deprived of opportunities to receive overtime pay at a rate equal to his similarly situated colleagues who did not have a disability. The Appellate Division said that "Supreme Court properly found that [Plaintiff] failed to state a cause of action for discrimination under the City's HRL, citing Harrington v City of New York, 157 AD3d 582.
Further, the Appellate Division found that Plaintiff "provided no support for his allegation that the NYPD had a policy that prevented him from receiving overtime opportunities because of his disability".
In the words of the Appellate Division, "it cannot be inferred from the overtime hours given to [Plaintiff's] colleagues that [NYPD] discriminated against [Plaintiff] based on his disability
Click HERE to access the Appellate Division's decision posted on the Internet.