Makinen v. City of New York

LOHIER, Circuit Judge:

In this disability discrimination case we consider a provision of the New York City Human Rights Law (“NYCHRL”) that, as relevant to this appeal, defines the term “disability” in a' way that excludes alcoholics who are not “recovered” or “recovering” from the protection of the statute. See N.Y.C. Admin. Code § 8-102(16)(c). Plaintiffs Kathleen Makinen and Jamie Nardini brought suit under the NYCHRL and its New York State and federal counterparts alleging discrimination based on a mistaken perception that they were alcoholics. The City of New York and the individual *493defend…