Practice point: Under New York and federal law, petitioner must prove a prima facie claim of discrimination, namely, that she has a disability; was job-qualified; and suffered an adverse employment action or was terminated under circumstances giving rise to an inference of discrimination.
Practitioners should note that the burden then shifts to the employer to rebut the presumption of discrimination by offering legitimate, independent and nondiscriminatory reasons for the employer’s decision. Petitioner is still entitled to prove that the employer’s stated reasons were merely a pretext for discrimination.
Case: Cuccia v. Martinez & Ritorto, PC, NY Slip Op 03444 (1st Dept. 2009)
The opinion is here.
Monday’s issue: Damages.
You will find another instructive case here.
