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Lawyers Manual - Unified Court System

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252 Wendy R. Weiser and Deborah A. Widiss<br />

24. 29 USC § 2601 et seq. (2003); see also 29 CFR Part 825 (2003). In Gregg v<br />

Anchorage, 101 P 3d 181 (Almser 2004), the Supreme <strong>Court</strong> of Alaska<br />

ruled failure to provide a domestic violence victim with time off to address<br />

stress from the situation violates the FMLA.<br />

25. 42 USC § 12101 et seq. (2003).<br />

26. Executive Law, art 15.<br />

27. 42 USC § 12102(2).<br />

28. Executive Law § 292 (21) (2003) (covering impairments “which prevent[]<br />

the exercise of a normal bodily function or is demonstrable by medically<br />

accepted clinical or laboratory diagnostic techniques”).<br />

29. See e.g. Reeves v Johnson Controls World Servs., 140 F3d 144, 154-56<br />

(2d Cir 1998) (finding that panic disorder that was not a qualifying disability<br />

under the ADA because the alleged restriction of everyday mobility was not<br />

a major life activity was nonetheless a disability under the state Human<br />

Rights Law because it was a medically diagnosed mental impairment).<br />

30. Labor Law § 593(1)(a) (2003); In re Loney, 287 AD2d 846 (3d Dept 2001).<br />

31. See Matter of Christina Ramirez-Huie, ALJ Case No. 001-08794 (Unempl.<br />

Ins. App. Bd., July 20, 2001) (employee who was fired for missing work for<br />

circumstances relating to domestic violence, including for medical treatment<br />

and child custody disputes, did not commit “misconduct” and hence is<br />

eligible for unemployment benefits).<br />

32. Labor Law § 591(2) (2003).<br />

33. NYC Local Law 75.<br />

34. 42 USC § 2000e et seq. (2003).<br />

35. Executive Law, art 15.<br />

36. See generally McDonnell Douglas Corp. v Green, 411 US 792 (1972).<br />

37. See e.g. Valdez v Truss Components Inc., No. CV98-1310 (US Dist Ct, OR,<br />

filed Oct. 23, 1998); Valdez, 1999 US Dist LEXIS 22957 (US Dist Ct, OR,<br />

Aug. 19, 1999).<br />

38. See e.g. Dothard v Rawlinson, 433 US 321 (1977); Griggs v Duke Power<br />

Co., 401 US 424 (1971).<br />

39. See Bonley v Young-Sabourin, 394 F Supp 2d 675 (Dist Ct 2005) (finding<br />

termination of lease because tenant was a victim of domestic violence could<br />

state sex discrimination claim); Secretary, US Dept. of Hous. & Urban Dev.,

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