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Total Articles: 2

New York’s Highest Court Rules That Perceived Alcoholics Are Not Protected Under New York City Human Rights Law

The New York Court of Appeals ruled that the New York City Human Rights Law (“NYCHRL”) does not permit a claim of disability discrimination based solely on a perception of untreated alcoholism. To sustain a claim, an individual must actually be a recovered (or recovering) alcoholic and no longer abusing alcohol. Makinen v. City of New York, 2017 NY Slip Op. 07208 (N.Y. October 17, 2017).

New York’s Highest Court Rules Indefinite Leave Is Not a Reasonable Accommodation Under State Human Rights Law, but May Be Under City Human Rights Law

New York’s highest court recently reinstated a former bank executive’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) and affirmed the dismissal of his claim under the New York State Human Rights Law (NYSHRL). Romanello v. Intesa Sanpaolo, S.p.A., (N.Y. Oct. 10, 2013). In reaching this decision, the New York Court of Appeals reasoned that the NYCHRL affords broader protection to litigants and places the burden on employers to prove that an employee cannot, without reasonable accommodation, satisfy the essential requisites of the job. This decision serves as yet another reminder to New York City employers of the broad scope of the city’s anti-discrimination laws.
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