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Constructive dismissal

Constructive dismissal
Evans v City of New York, 2009 NY Slip Op 05832, Appellate Division, First Department

John Evans sued the City of New York alleging that [1 he suffered from a mental impairment and the City did not provide him with a reasonable accommodation in violation of the State?s Human Rights Law and [2] he had been ?constructively discharged? from his position.

As to Evans? claim that he suffered from a mental impairment, the court pointed out that he had failed to present evidence sufficient to raise an inference that he could perform his job with such a reasonable accommodations.

In addition, the Appellate Division said the Evans failed to show that ?he proposed a reasonable accommodation that [City] refused to make.?

As to Evans? claim alleging that the had been constructively discharges, the court said that Evans failed to establish that City's actions resulted in a workplace atmosphere "so intolerable as to compel a reasonable person to leave."

In any event, the Appellate Division found that the City had demonstrated that its actions were motivated by legitimate nondiscriminatory reasons, and Evans presented no evidence from which to infer that those reasons were pretextual.

The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2009/2009_05832.htm

Full post as published by New York Public Personnel Law on August 18, 2009 (boomark / email).