A recent Second Department decision, Messana v. Long Is. R.R. Co., 2015 NY Slip Op 01787 (decided March 4, 2015) illustrates the breadth of the New York City Human Rights Law – namely, the relatively high standard that a defendant must meet to secure summary judgment dismissing a claim for disability discrimination and retaliation.
In this case, plaintiff alleges that defendant LIRR “terminated his employment due to issues concerning his mental health, and in retaliation for his complaints to management about disparate treatment on the basis of that disability.”
The Supreme Court granted defendant’s motion for summary judgment. The Appellate Division reversed that decision, explaining:
The defendant failed to demonstrate its prima facie entitlement to judgment as a matter of law dismissing the causes of action alleging violations of Administrative Code of the City of New York §§ 8-107(1)(a) and (7). In that respect, the defendant failed to make a prima facie showing that there is no evidentiary route that could allow a jury to believe that discrimination [or retaliation] played a role in [its] challenged actions.