Matter of State Div. of Human Rights v. County of Monroe, 48 N.Y.2d 727 (1979)

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An employer cannot discriminate against a potential employee based on a physical disability that does not demonstrably impair their ability to perform the essential functions of the job.

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Summary

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The New York Court of Appeals held that Monroe County discriminated against a Vietnam War veteran when it fired him from his maintenance mechanic position due to a partial disability in his knee. The court found that the county failed to demonstrate that the disability actually impaired his ability to perform the job’s required tasks. The complainant had been hired, performed the job satisfactorily, and was then terminated after a physical revealed he could not fully squat. The county’s abstract argument, lacking factual support or evidence of impaired performance, failed to justify the discriminatory action under the Human Rights Law. The dissent argued the county should be held to proving the individual could not perform the job’s essential functions, not merely assuming so based on the disability.

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Facts

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A Vietnam War veteran, who sustained leg injuries in combat resulting in some mobility loss in his right knee, applied for a