Victor v. State

In this appeal the Court is asked to consider whether an adverse employment consequence is an essential element of a plaintiffs claim that his employer discriminated against him by failing to accommodate his disability. The trial court concluded that the failure to accommodate was itself an adverse employment consequence, as a result of which plaintiff was only required to prove, as part of his prima facie case, that the employer failed to offer him a reasonable accommodation. The Appellate Division disagreed, reasoning that an adverse employment consequence is *389an essential element of all…