Practice point: To make a prima facie showing of discrimination pursuant to Executive Law § 296(1), plaintiff must present evidence sufficient to raise an inference that he could perform the job with reasonable accommodations.
Practitioners should note that a claim for constructive discharge must establish that defendants' actions resulted in a workplace atmosphere so intolerable as to compel a reasonable person to leave.
Case: Evans v. City of New York, NY Slip Op 05832 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Statute of limitations.
