The First Department, reversing Supreme Court, determined plaintiff’s employment discrimination suit should go forward. Questions of fact had been raised about whether plaintiff’s employer was made sufficiently aware of plaintiff’s disabling anxiety and whether reasonable accommodations should have been made pursuant to the Administrative Code (NYC):
Under these circumstances, issues of fact exist as to whether, based on plaintiff’s disclosures, defendant reasonably “should have known” that plaintiff was suffering from a disabling anxiety condition (Administrative Code of City of NY § 8-107[15][a]…). Issues of fact likewise exist as to whether defendant should have entered into a good faith interactive dialogue with plaintiff, inquiring into the nature of her disabling condition and exploring what sorts of accommodations might reasonably be required, and whether reasonable accommodations would have enabled her to perform the “essential requisites of [her] job” (Administrative Code § 8-107[15][b]), without causing defendant “undue hardship in the conduct of . . . [its] business” (id. § 8-102[18]…).
Issues of fact also exist as to whether plaintiff’s alleged disabling anxiety condition caused the poor performance (i.e., absenteeism and unresponsiveness) that defendant pointed to as the reason for her termination … , and, if so, whether plaintiff could have performed the essential requisites of her job with reasonable accommodation (see Administrative Code §§ 8-107[15][b]; 8-102[18]). Chernov v Securities Training Corp., 2017 NY Slip Op 00126, 1st Dept 1-10-17
EMPLOYMENT LAW (PLAINTIFF’S DISCRIMINATION SUIT SHOULD NOT HAVE BEEN DISMISSED, QUESTIONS OF FACT ABOUT WHETHER ACCOMMODATIONS FOR DISABLING ANXIETY SHOULD HAVE BEEN MADE)/DISCRIMINATION (PLAINTIFF’S EMPLOYMENT DISCRIMINATION SUIT SHOULD NOT HAVE BEEN DISMISSED, QUESTIONS OF FACT ABOUT WHETHER ACCOMMODATIONS FOR DISABLING ANXIETY SHOULD HAVE BEEN MADE)/ADMINISTRATIVE CODE (NYC) (EMPLOYMENT LAW, DISCRIMINATION, PLAINTIFF’S DISCRIMINATION SUIT SHOULD NOT HAVE BEEN DISMISSED, QUESTIONS OF FACT ABOUT WHETHER ACCOMMODATIONS FOR DISABLING ANXIETY SHOULD HAVE BEEN MADE)/ANXIETY (EMPLOYMENT LAW, DISCRIMINATION, PLAINTIFF’S DISCRIMINATION SUIT SHOULD NOT HAVE BEEN DISMISSED, QUESTIONS OF FACT ABOUT WHETHER ACCOMMODATIONS FOR DISABLING ANXIETY SHOULD HAVE BEEN MADE)/ACCOMMODATIONS (EMPLOYMENT LAW, DISCRIMINATION, PLAINTIFF’S DISCRIMINATION SUIT SHOULD NOT HAVE BEEN DISMISSED, QUESTIONS OF FACT ABOUT WHETHER ACCOMMODATIONS FOR DISABLING ANXIETY SHOULD HAVE BEEN MADE)