Disability discrimination case will proceed to trial

Employment discrimination cases are always winding through the state courts under the New York City Human Rights Law, which is more expansive than the federal anti-discrimination statute. The Appellate Division finds that Plaintiff has a case against her employer, Bloomberg, L.P., and that it will go to trial.

The case is Friedman v. Bloomberg, L.P., issued by the First Department on September 26. While plaintiff told management that her dyslexia made writing social media copy difficult for her and that she needed an accommodation for her disability, the jury may find that defendant considered such an accommodation, i.e., proving her with a proofreader or some other accommodation. A proofreader would not have caused an undue hardship for Bloomberg, L.P.

Plaintiff was also fired, and he brings a claim for wrongful discharge. That claim will also go to trial. She was fired only two days after requesting the accommodation. While defendant said plaintiff was fired for missing deadlines, being unresponsive, and using an inappropriate tone with colleagues, the issue of defendant's motive is for the jury. And, "Although there is evidence that defendant had already made the decision to terminate plaintiff when she submitted her written request, plaintiff's supervisor wrote that the decision was based in part on plaintiff's 'mandate around [her] responsibilities,' which a reasonable jury could interpret as referring to plaintiff's requests for an accommodation."

I am sure the defendant claimed the "mandate" statement had nothing to do with plaintiff's accommodation request. But it sounds close enough to an admission of unlawful motive that the First Department wants the jury to sort out its real meaning. This would constitute direct evidence of discriminatory intent, despite its possible vagueness.