A complaint states a cause of action to recover damages for employment discrimination on the basis of disability in violation of the New York State Human Rights Law if it alleges that the plaintiff suffers from a disability and that, because of the disability, the plaintiff was discriminated against in the terms, conditions, or privileges of employment or the refusal to hire. In order to state a claim under the State law, the complaint and supporting documentation must set forth factual allegations sufficient to show that, with reasonable accommodations, the plaintiff could perform the essential functions of the job.
The New York City Human Rights Law provides broader protections than the State law. In order to state a cause of action for employment discrimination on the basis of disability in violation of the City law, a complaint must allege that the plaintiff was disabled and was discriminated against based on the disability.
Brouillard v. Sunrun, Inc., NY Slip Op 04184 (2d Dep't August 9, 2023)
