NY: Perceived alcoholism is not a disability protected by city anti-discrimination laws:
Court of Appeals
By Glenn Blain
October 17, 2017
ALBANY — The state’s highest court on Tuesday ruled that the “perception of untreated alcoholism” was not a disability covered by the city’s anti-discrimination laws.
The Court of Appeals ruling is bad news for a group of NYPD officers who sued the city in 2011 claiming they were wrongfully placed in an alcohol abuse treatment program.
In their lawsuit, the officers claimed they were discriminated against and suffered “adverse employment actions” because of their perceived alcohol dependence.
Although a federal jury initially awarded two of the cops $151,000 — the third took a $75,0000 settlement — the Court of Appeals on Tuesday determined that city law only protects a person who has recovered or is in the process of recovering from alcohol abuse and is currently alcohol-free.
“The Court of Appeals evaluated a novel legal issue — whether a mistaken diagnosis of active alcoholism is discrimination under the City’s Human Rights Law,” said Nick Paolucci, a spokesman for the city Law Department. “We are pleased the court agreed that such a diagnosis is not discriminatory. As we told the court, the police department’s counseling services unit is intended to help officers, and that’s what the department sought to do in this case.”
A lawyer for the police officers did not immediately respond to requests for comment.