Practice point: Here, the defendant met
its burden of demonstrating entitlement to judgment as a matter of law
by offering evidence that the plaintiff, at the time of his discharge, was not suffering from a
disability that would require an accommodation.
In any event, said the Appellate Division, there was a legitimate, nondiscriminatory
reason for his
termination of employment. In opposition, the plaintiff failed to raise a
triable issue of fact.
Student note: The New York City Human Rights Law prohibits an employer from discriminating against an individual who is disabled, pursuant to Administrative Code
of City of NY § 8-107[15]).
Case: Caban v. New York Methodist Hosp., NY Slip Op 05292 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: A fall on the ice, out of season but actionable.
