MATTER OF XAVIER

527788.

172 A.D.3d 1812 (2019)

101 N.Y.S.3d 749

2019 NY Slip Op 04074

In the Matter of the Claim of Edmilson P. Xavier, Appellant. Commissioner of Labor, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 23, 2019.


After claimant, a salesperson, developed a calcaneal spur that made it difficult for him to stand, the employer attempted to accommodate his condition—first by providing claimant with a stool and then by reassigning him to different departments at the same rate of pay. Claimant—dissatisfied with his new assignments and believing that he was being discriminated against—left his job and filed a claim for unemployment insurance benefits. The Unemployment...

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