Practice point: The Appellate Division affirmed the denial of defendant hospital's summary judgment motion, finding issues of fact as to whether the hospital unlawfully terminated
petitioner's employment because of her disability. There is evidence in
the record that plaintiff was suffering from a mental illness that was
affecting her job performance before the hospital terminated her
employment. There is also evidence that hospital employees, including
plaintiff's supervisor, were aware of her physical and mental health
issues before she took medical leave, and that her supervisor
was concerned about her fitness to work upon her return.
Student note: Plaintiff is not estopped from asserting her discrimination claims
under the State and City Human Rights Laws. Her application for, and
receipt of, federal and state disability benefits is not inconsistent
with her claims. In addition, the hospital has not established, as a matter
of law, that plaintiff could not have performed her job duties with a
reasonable accommodation.
Case: Duckett v. New York Presbyt. Hosp., NY Slip Op 05769 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: A Court of Claims determination in a non-jury trial.
