State Division of Human Rights v. Xerox Corp

In State Division of Human Rights v. Xerox Corp. (65 N.Y.2d 213 [1985]), the Court of Appeals held that an obese employee was a disabled employee who could not be terminated based on her disability under the State Human Rights Law. In rejecting the employer's argument that an employee could not be considered disabled under the State Human Rights Law absent a showing that her impairment limited his or her ability to perform particular activities, the Court of Appeals focused on New York's broad statutory definition of disability: "The employer's arguments might have some force under typical disability or handicap statutes narrowly defining the terms in the ordinary sense to include only physical or mental conditions which limit the ability to perform certain activities .... However in New York, the term 'disability' is more broadly defined. The statute provides that disabilities are not limited to physical or mental impairments but may also include 'medical impairments.' In addition, to qualify as a disability, the condition may manifest itself in one of two ways: (1) by preventing the exercise of a normal bodily function or (2) by being 'demonstrable by medically accepted clinical or diagnostic techniques ....' "Fairly read, the statute covers a range of conditions varying in degree from those involving the loss of a bodily function to those which are merely diagnosable medical anomalies which impair bodily integrity and thus may lead to more serious conditions in the future." (Id. at 218-219.)