In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for discrimination under the New York City Human Rights Law.
From the decision:
To establish “discrimination” pursuant to CHRL, plaintiff must demonstrate “unequal treatment on the basis of plaintiff’s protected characteristic.” Gittens-Bridges v City of New York, 2020 US Dist LEXIS 102882, 54 (SDNY 2020). Plaintiff has made out a cause of action for “discrimination.” For example, plaintiff has demonstrated that although defendant relocated plaintiff’s workstation on various occasions, plaintiff’s new offices only exacerbated his mental health conditions (panic disorder, anxiety, post-traumatic stress disorder (“PTSD”), claustrophobia) and his physical health condition (HIV). Further, defendant has failed to meet its burden to demonstrate how granting plaintiff’s preferred accommodation request would inflict undue hardship on defendant and its business.