Disability Discrimination Complaint Dismissal Against NYS Gaming Commission Affirmed

In Wolfe–Santos v NYS Gaming Commission, No. 12467, 160963/16, 2018-6103, 2020 N.Y. Slip Op. 06976, 2020 WL 6877365 (N.Y.A.D. 1 Dept., Nov. 24, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York City Human Rights Law.

From the decision:

The complaint fails to state a cause of action for hostile work environment under the City Human Rights Law (Administrative Code of City of N.Y. § 8–107), because it does not allege that respondents’ actions occurred under circumstances that give rise to an inference of discrimination (see Ji Sun Jennifer Kim v. Goldberg, Weprin, Finkel, Goldstein, LLP, 120 AD3d 18, 26 [1st Dept 2014] ). Nor does it allege facts that would establish that she was treated less well than similarly situated probationary employees because of her disability (see Askin v. Department of Educ. of the City of N.Y., 110 AD3d 621 [1st Dept 2013] ). Instead, the complaint asserts the legal conclusions that the individual defendants’ actions—such as adjusting her time card to reflect a late arrival at work, telling plaintiff that as a probationary employee she could be terminated at any moment and giving her a negative performance review—were due to her disability.

Based on this, the court concluded that “[a]bsent sufficient allegations of discriminatory acts, plaintiff’s claim against defendant Lee cannot be sustained pursuant to the City Human Rights Law and was properly dismissed.”

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