Employment discrimination based on disability.

Practice point: To state a prima facie case, a plaintiff must demonstrate that he or she suffered from a disability and that the disability caused the behavior for which he or she was terminated. Once a plaintiff establishes a prima facie case, the burden shifts to the employer, to show that the disability prevented plaintiff from performing the duties of the job in a reasonable manner, or that the employee's termination was motivated by a legitimate nondiscriminatory reason.

Student note: A reasonable accommodation is an action which permits an employee with a disability to perform in a reasonable manner the activities involved in the job or occupation sought or held,  provided, however, that such actions do not impose an undue hardship on the business, pursuant to Executive Law § 292 [21-e]. Under the City's Human Rights Law, an employer shall make reasonable accommodation to enable a person with a disability to satisfy the essential requisites of a job, pursuant to Administrative Code § 8-107 [15][a]. An employer is not required to find another job for the employee, create a new job, or create a light-duty version of the current job.

Case: Jacobsen v. New York City Health and Hosps. Corp., NY Slip Op 05478 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Vacating a default, and compelling defendant to accept a late answer.