In Lilly v. The State of New York, No. 155539/2024, 2025 WL 592918 (N.Y. Sup Ct, New York County Feb. 24, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination asserted under the New York State and City Human Rights Laws.
From the decision;
To state an employment discrimination claim under the NYSHRL and NYCHRL, a plaintiff must plead facts that show (1) that he is a member of a protected class; (2) that he was discharged or suffered an adverse employment action; (3) that he was qualified to hold his position; and (4) that the discharge or adverse employment action occurred under circumstances giving rise to an inference of discrimination (Godino v Premier Salons, Ltd., 140 AD3d 1118 [2d Dept 2016]).
Here, plaintiff has pled that he suffers from a disability; that he was discharged from his position; that he was qualified to hold this position; and that, considering the temporal relationship between his hospitalization and his termination, that the discharge occurred under circumstances giving rise to an inference of discrimination based on his disability. Therefore, accepting the facts alleged in the Complaint as true, plaintiff has stated a cause of action for Disability Discrimination and accordingly, the NYSHRL and NYCHRL claims against Gibbs will not be dismissed.
[Citations omitted.]
The court further, inter alia, declined to dismiss plaintiff’s aiding and abetting claims under the NYSHRL and NYCHRL, as well as under the NYCHRL for failure to engage in a “cooperative dialogue.”