Phillips v. City of N.Y

183 Citing cases

  1. Jacobsen v. N.Y. City Health & Hosp. Corp.

    2014 N.Y. Slip Op. 2098 (N.Y. 2014)   Cited 996 times   5 Legal Analyses
    Noting that Phillips been overruled by more recent New York Court of Appeals authority, and that the court in Jacobsen rejected the decision in Phillips to the extent that it implied that a good faith interactive process is an independent element of the disability discrimination analysis under the NYCHRL.

    Turning from the summary judgment burden to the substance of the statutes at issue, the State HRL forbids employment discrimination on the basis of an employee's disability, and the City HRL provides even greater protection against disability-based discrimination ( see Romanello, 22 N.Y.3d at 883–885, 976 N.Y.S.2d 426, 998 N.E.2d 1050;Matter of Delta Air Lines v. New York State Div. of Human Rights, 91 N.Y.2d 65, 72, 666 N.Y.S.2d 1004, 689 N.E.2d 898 [1997];see also Phillips v. City of New York, 66 A.D.3d 170, 176, 884 N.Y.S.2d 369 [1st Dept.2009] ). The employee's complaint states a prima facie case of discrimination under both the State HRL and City HRL if the employee suffers from a statutorily defined disability and the disability caused the behavior for which the employee was terminated ( see Matter of McEniry v. Landi, 84 N.Y.2d 554, 558, 620 N.Y.S.2d 328, 644 N.E.2d 1019 [1994];see also Pimentel v. Citibank, N.A., 29 A.D.3d 141, 145, 811 N.Y.S.2d 381 [1st Dept.2006], lv. denied7 N.Y.3d 707, 821 N.Y.S.2d 813, 854 N.E.2d 1277 [2006];Timashpolsky v. State Univ. of N.Y. Health Science Ctr. at Brooklyn, 306 A.D.2d 271, 273, 761 N.Y.S.2d 94 [2d Dept.2003], lv. denied1 N.Y.3d 507, 776 N.Y.S.2d 223, 808 N.E.2d 359 [2004] ).

  2. Lacourt v. Shenanigans Knits, Ltd.

    38 Misc. 3d 1206 (N.Y. Sup. Ct. 2012)   Cited 17 times   2 Legal Analyses

    “Disability” is defined, under the NYSHRL, as “a physical, mental or medical impairment ... which, upon the provision of reasonable accommodations, do[es] not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.” Executive Law § 292(21); see Phillips v. City of New York, 66 AD3d 170, 178 (1st Dept 2009); Pimentel v. Citibank, N.A., 29 AD3d 141, 145 (1st Dept 2006). The NYCHRL, which provides greater protections than the NYSHRL ( see Williams v. New York City Hous. Auth., 61 AD3d 62, 66 [1st Dept 2009] ), simply defines “disability” as “any physical, medical, mental or psychological impairment, or a history or record of such impairment.” Administrative Code § 8–102(16)(a); see Phillips, 66 AD3d at 181.

  3. LaCourt v. Shenanigans Knits, Ltd.

    2012 N.Y. Slip Op. 32825 (N.Y. Sup. Ct. 2012)

    "Disability" is defined, under the NYSHRL, as "a physical, mental or medical impairment ... which, upon the provision of reasonable accommodations, do[es] not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held." Executive Law § 292 (21); see Phillips v City of New York, 66 AD3d 170, 178 (1st Dept 2009); Pimentel v Citibank, N.A., 29 AD3d 141, 145 (1st Dept 2006). The NYCHRL, which provides greater protections than the NYSHRL (seeWilliams v New York City Hous. Auth., 61 AD3d 62, 66 [1st Dept 2009]), simply defines "disability" as "any physical, medical, mental or psychological impairment, or a history or record of such impairment."

  4. Miloscia v. B.R. Guest Holdings Llc

    33 Misc. 3d 466 (N.Y. Sup. Ct. 2011)   Cited 34 times
    Finding an issue of fact regarding co- employees' active involvement in hiring, firing, and refusal to provide disability accommodation

    Executive Law § 292(21); see Phillips v. City of New York, 66 A.D.3d 170, 178, 884 N.Y.S.2d 369 (1st Dept. 2009); Pimentel v. Citibank, N.A., 29 A.D.3d 141, 145, 811 N.Y.S.2d 381 (1st Dept. 2006). The NYCHRL defines “disability” as “any physical, medical, mental or psychological impairment, or a history or record of such impairment.”

  5. MILOSCIA v. B.R. GUEST HOLDINGS LLC

    2011 N.Y. Slip Op. 21300 (N.Y. Sup. Ct. 2011)

    The term "disability" is defined, under the NYSHRL, as "a physical, mental or medical impairment . . . which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques . . . [and] which, upon the provision of reasonable accommodations, do[es] not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held." Executive Law § 292 (21); see Phillips v City of New York , 66 AD3d 170, 178 (1st Dept 2009); Pimentel vCitibank, N.A. , 29 AD3d 141, 145 (1st Dept 2006). The NYCHRL defines "disability" as "any physical, medical, mental or psychological impairment, or a history or record of such impairment."

  6. Miloscia v. B.R. Guest Holdings LLC

    116881/09 (N.Y. Sup. Ct. Aug. 15, 2011)

    The term "disability" is defined, under the NYSHRL, as "a physical, mental or medical impairment ... which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques ... [and] which, upon the provision of reasonable accommodations, do[es] not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held." Executive Law § 292 (21); see Phillips v City of New York, 66 AD3d 170, 178 (1st Dept 2009); Pimentel v Citibank, N.A., 29 AD3d 141, 145 (1st Dept 2006). The NYCHRL defines "disability" as "any physical, medical, mental or psychological impairment, or a history or record of such impairment."

  7. Romanello v. Intesa Sanpaolo S.p.A.

    97 A.D.3d 449 (N.Y. App. Div. 2012)   Cited 37 times
    In Romanello, the good faith efforts involved the defendant's efforts to resolve the problem through a "good faith interactive process" with the aggrieved party (see Romanello, 97 AD3d at 451).

    The City HRL similarly prohibits discharging an employee because of a disability, with the employer afforded an affirmative defense if the complainant "could not, with reasonable accommodation, satisfy the essential requisites of the job" (Administrative Code of City of NY § 8-107[15][b]). In general, under both the State HRL and the City HRL, an employer is obligated to engage a disabled employee in a "good faith interactive process" to identify a reasonable accommodation that will permit the employee to continue in the position (see e.g. Phillips v City of New York, 66 AD3d 170, 176 [2009]). In this case, the undisputed documentary evidence establishes that Intesa attempted to initiate a good faith interactive process by way of its letter of May 29, which asked plaintiff "whether he intend[ed] to return to work," a question that, by necessary implication, also sought the time frame within which plaintiff expected to be able to resume working, if that was his intention.

  8. Miloscia v. B.R. Guest Holdings LLC

    Index No.: 116881/09 (N.Y. Sup. Ct. Aug. 18, 2011)

    The term "disability" is defined, under the NYSHRL, as "a physical, mental or medical impairment ... which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques ... [and] which, upon the provision of reasonable accommodations, do[es] not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held." Executive Law § 292 (21); see Phillips v City of New York, 66 AD3d 170, 178 (1st Dept 2009); Pimentel v Citibank, N.A., 29 AD3d 141, 145 (1st Dept 2006). The NYCHRL defines "disability" as "any physical, medical, mental or psychological impairment, or a history or record of such impairment."

  9. Cruz v. Schriro

    36 N.Y.S.3d 407 (N.Y. Sup. Ct. 2016)   Cited 1 times

    ; see Cadet–Legros v. New York Univ. Hosp. Ctr., 135 AD3d 196, 21 NYS3d 221, 226 n5 (1st Dept 2015) ; Bennett, 92 AD3d at 37 n6. An employee makes a prima facie showing of disability discrimination under the NYCHRL, as under the New York State Human Rights Law (N.Y.SHRL) (Executive Law § 292 et seq. ), “if the employee suffers from a statutorily defined disability and the disability caused the behavior for which the employee was terminated .” Jacobsen v. New York City Health & Hosps. Corp., 22 NY3d 824, 834 (2014) ; see Matter of McEniry v. Landi, 84 N.Y.2d 554, 558 (1994) ; Vig v. New York Hairspray Co., L.P., 67 AD3d 140, 147 (1st Dept 2009) ; Phillips v. City of New York, 66 AD3d 170, 178. 1.

  10. Cruz v. Schriro

    2016 N.Y. Slip Op. 50363 (N.Y. Sup. Ct. 2016)   Cited 1 times

    An employee makes a prima facie showing of disability discrimination under the NYCHRL, as under the New York State Human Rights Law (NYSHRL) (Executive Law § 292 et seq.), "if the employee suffers from a statutorily defined disability and the disability caused the behavior for which the employee was terminated." Jacobsen v New York City Health & Hosps. Corp., 22 NY3d 824, 834 (2014); see Matter of McEniry v Landi, 84 NY2d 554, 558 (1994); Vig v New York Hairspray Co., L.P., 67 AD3d 140, 147 (1st Dept 2009); Phillips v City of New York, 66 AD3d 170, 178. 1.