Manhattan Appellate Court Upholds William Sipser’s important state division of human rights disability discrimination trial win

A major victory by William J. Sipser at a trial at the New York State Division of Human Rights on behalf of his client Chrystal Martinez, was upheld by a June 2018 decision by the Appellate Division, First Department. The Manhattan appeals court upheld Sipser’s trial verdict where he proved that Martinez was fired illegally due to her disability.

William Sipser wins decisive Appellate Court disability decision: Case will now proceed directly to a jury trial

The Appeals Court found that Sipser’s client raised questions of fact as to whether the reason given for her termination was a “pretext”—or excuse–for disability discrimination. This is the second important disability case won by Sipser at the Appellate Division in 2018 alone.

Disability, Work and the Law

Whatever the challenge you’re facing, whether it is something related to pregnancy, or you have influenza, or a more serious issue and you need your employer to work with you, be flexible, compassionate, reasonably accommodate you – make sure that you’re documenting all of this, putting it in writing, so you’ll have a paper trail, because your employer can’t just be dismissive and cavalier and say, “Sorry, it’s too much of a pain in the butt for us, we’re not dealing with you anymore.” That would be illegal disability discrimination.

The needs of the many…reasonable accommodation

The needs of the individual – you – with your condition, your bona fide disability under federal law and what the employer (the many) needs to do to ‘reasonably accommodate,’ to be flexible to your needs–that to the employer (the many)–is basically a pain in their butt, because it’s higher maintenance, more cost, but they have to do it under the law and that’s the balance, that’s the test of reasonable accommodation.