Frantz v. XL Diamonds LLC

Summary

The Appellate Division, First Department affirmed the denial of the plaintiff's summary judgment motion and the dismissal of his disability-discrimination claims under the New York State and New York City Human Rights Laws. The court held that the plaintiff failed to establish an inference of discrimination or show that the defendants' stated reason for terminating him—using purported sick leave to vacation in Mexico and remaining unavailable for work communications—was pretextual.

Holdings

1. Plaintiff failed to establish prima facie that his termination occurred under circumstances giving rise to an inference of discrimination, even assuming that his COVID-19 illness placed him within a protected class under the State and City Human Rights Laws.
2. Evidence that an employer required an employee to present a negative COVID test before returning to work does not, without more, permit an inference of discriminatory animus.
3. Defendants established a legitimate, nondiscriminatory reason for terminating plaintiff, and plaintiff failed to submit evidence that the reason was pretextual or that his COVID-19 illness was a motivating factor in the decision.

Questions Presented

1. Whether plaintiff established a prima facie inference of disability discrimination under the New York State Human Rights Law and New York City Human Rights Law.
2. Whether defendants established a legitimate, nondiscriminatory reason for plaintiff's termination and whether plaintiff raised a triable issue that the reason was pretextual.
3. Whether requiring plaintiff to provide a negative COVID test before returning to work supported an inference of discriminatory animus.

Disposition

affirmed