In Cooney v. City of New York Dept. of Sanitation, 2015 NY Slip Op 03465 (App. Div. 1st Dept. Apr. 28, 2015), the Appellate Division, First Department reversed a lower court decision to dismiss plaintiff’s failure-to-hire disability discrimination claims for failure to state causes of action under the New York State and New York City Human Rights Laws.
From the decision:
The complaint’s allegations that DOS [the City of New York Department of Sanitation] refused to hire plaintiff, after he otherwise proved qualified for employment as a sanitation worker, based solely on his having a psoriasis condition on his hands, makes out causes of action for disability-based discrimination under the New York State and New York City Human Rights Laws. Insofar as plaintiff was required by the State Human Rights Law to plead that he could perform the essential functions of the job if he were afforded reasonable accommodations, the complaint adequately alleges that gloves would have constituted a sufficient accommodation to enable plaintiff to perform the work. Whether DOS was nonetheless justified in considering plaintiff’s psoriasis to disqualify him for the position, on the grounds that the condition would have prevented him from performing the essential functions of the position and no accommodation (including gloves) would have obviated the interference, cannot be determined from the face of the complaint and the documentary exhibits annexed thereto.