In Montes v. City of New York, No. 158272/2023, 2025 WL 290440 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court, inter alia, held that plaintiff sufficiently alleged a disability-based hostile work environment under the New York City Human Rights Law.
From the decision:
Under NYCHRL, a Plaintiff claiming a hostile work environment need only demonstrate that he or she was “treated less well than other employees because of her protected status; or that discrimination was one of the motivating factors for the Defendant’s conduct.” Chin v New York City Hous. Auth., 106 AD3d 443, 445 (1st Dept 2013).
In his complaint, Plaintiff alleges that he was denied a reasonable accommodation; promotions and overtime; he was stripped of his gun with no valid reason; and Dr. Santucci berated and harassed him due to his disability including repeatedly threatening him with termination and making hostile statements including, but not limited to, “you are not injured, you are faking your injuries, stop overreacting and the cancer is not that serious.” (NYSCEF Doc. 9 pg. 12; Doc. 13 pgs. 5-6). The City argues that Plaintiff failed to plead that he was treated less well than anyone else and that Defendant-Santucci’s statements were likely descriptions of what he believed to be Plaintiff’s reasoning for his failure to return to work. (NYSCEF Doc. 14 pgs. 13-14). This Court finds that Plaintiff satisfied the pleading standard.
The court further held that plaintiff sufficiently alleged claims of retaliation, disability discrimination, and failure to accommodate.