Building Deskman Claims Firing Was Discriminatory

May 31, 2000

LVT Number: 14116

Landlord's former employee sued landlord for employment discrimination after he was fired from his deskman job. He claimed discrimination based on race, disability as a recovering drug addict, and his claim that landlord thought he was homosexual. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord in part. At an arbitration hearing, it had been found that the deskman was intoxicated on the job on various occasions. So the deskman couldn't believably claim disability discrimination.

Landlord's former employee sued landlord for employment discrimination after he was fired from his deskman job. He claimed discrimination based on race, disability as a recovering drug addict, and his claim that landlord thought he was homosexual. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord in part. At an arbitration hearing, it had been found that the deskman was intoxicated on the job on various occasions. So the deskman couldn't believably claim disability discrimination. But whether there was discrimination based on race or sexual orientation was a question of fact that required a trial.

Sullivan v. David Frankel Realty: NYLJ, 5/18/00, p. 30, col. 5 (Sup. Ct. NY; Weissberg, J)

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