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The Appellate Division agreed with the lower court. It ruled that Nazath's complaint had enough detail to support both her discrimination claim and her retaliation claim. The court explained that New York law protects workers from discrimination based on a perceived disability, not just an actual one. Being seen as having COVID-19 could count. The court also noted that state human rights law must be read broadly to favor employees when possible. Because of this, the case can continue in court.
Kristy Nazath worked for Our Lady of Consolation Nursing & Rehabilitative Care Center. After her job ended, she sued the Center and three employees there. She claimed she was discriminated against because people believed she had COVID-19. She also said she was punished for speaking up about this treatment. Nazath filed her case under the New York State Human Rights Law, which protects workers from discrimination based on disability. The employer asked the court to throw out her discrimination and retaliation claims early on, before the case could move forward. The trial court said no, and the employer appealed that decision.
The question was simple: did Nazath's complaint include enough facts to move forward in court? Courts must accept a plaintiff's claims as true at this early stage. The Appellate Division had to decide if her claims about perceived disability discrimination and retaliation fit any legal theory recognized by law, even before evidence was presented.
This ruling shows that perceived illness, like COVID-19 infection, may be treated as a disability under New York law. It also confirms that early motions to dismiss face a high bar. Employers can't easily end these cases before facts are fully examined. This matters for both workers and employers dealing with COVID-related workplace disputes.
Talk to a licensed employment law lawyer in New York.