What is the test for an employer to bring an adverse employment action against a plaintiff who is disabled?

MultiRegion, United States of America

The following excerpt is from Blodgett v. 22 S. St. Operations, LLC, No. 19-2396 (2nd Cir. 2020):

qualified to perform the essential functions of [her] job, with or without reasonable accommodation;" and (4) she "suffered adverse employment action because of [her] disability." McMillan v. City of New York, 711 F.3d 120, 125 (2d Cir. 2013) (citation omitted). The employer must then offer admissible evidence of a legitimate non-discriminatory reason for the adverse employment action, which the plaintiff can rebut by showing evidence that the proffered reason was pretextual. McBride, 583 F.3d at 96.

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