Practice point: The defendant established its prima facie entitlement to
judgment as a matter of law dismissing the cause of action alleging
employment discrimination on the ground of disability by showing
legitimate, independent, and nondiscriminatory reasons for its
employment decision. In opposition, the plaintiff failed to raise a triable
issue of fact as to whether the reasons stated for his discharge from
employment were pretextual. Specifically, the plaintiff failed to raise a triable issue
of fact as to whether there remained a full-time, light-duty position
available after the defendant's relocation to a larger facility.
Student note: To state a prima facie case of employment discrimination due to a
disability under Executive Law § 296, a plaintiff must show that he or
she suffers from a disability and that the disability engendered the
behavior for which he or she was discriminated against in the terms,
conditions, or privileges of his or her employment. If the plaintiff succeeds in establishing a prima facie
case, the burden of proof shifts to the employer to demonstrate that
the disability prevented the employee from performing the duties of the
job in a reasonable manner or that the employer's action was motivated
by legitimate nondiscriminatory reasons. If the employer establishes that it had valid
nondiscriminatory reasons for its action, the burden shifts back to the
plaintiff to raise a triable issue of fact as to whether the stated
reasons were pretextual.
Case: Kulaya v. Dunbar Armored, Inc., NY Slip Op 06549 (2d Dept. 2013).
Here is the decision.
Monday's issue: Drinking parties.
