Manhattan court upholds suit alleging Assemblyman Eddie Gibbs fired advisor over a health crisis | amNewYork

A Manhattan appellate court allowed most of a disability-discrimination lawsuit to proceed against Harlem Assembly Member Eddie Gibbs. The suit alleges Gibbs illegally fired his senior adviser, Keith Lilly, around the time Lilly faced a diabetes-related surgical amputation and needed extensive medical leave. Lilly filed the discrimination claim in 2024, nearly a year after the firing, alleging Gibbs viewed him as disabled and terminated him during a health crisis in violation of city and state human rights laws. Gibbs sought dismissal based on legislative immunity and improper argument, but the court rejected most of those requests, leaving the case largely intact. Lilly seeks compensatory and punitive damages, backpay, attorney’s fees, and lost 401(k) contributions.

"A Manhattan appellate court advanced on Tuesday a lawsuit against Harlem Assembly Member Eddie Gibbs, which alleged that the lawmaker illegally fired his senior adviser a day before he was scheduled to have a diabetes-related surgical amputation. Keith Lilly, a veteran Harlem political operator, sued Gibbs for discrimination on the basis of disability in 2024 nearly a year after his firing. Lilly alleged in his suit that his health emergency caused Gibbs to view him as damaged goods and callously terminate him in the midst of a health crisis he was experiencing in violation of city and state human rights laws."

"Gibbs asked the state Supreme Court Appellate Division, First Department, to throw the lawsuit out completely on the grounds that Gibbs was immune from the lawsuit as an Assembly member and that it was not properly argued. In its recent decision, the court largely rejected these arguments, letting most of the lawsuit move forward with a technical exception. In his complaint, Lilly charged that Gibbs fired him two days after visiting him in the hospital and finding that Lilly would need extensive medical leave."

"He's asking for at least $500,000 in compensatory damages as well as punitive damages, backpay, attorney's fees and reimbursement for lost 401(k) contributions. Gibbs did not respond to an amNewYork Law request for comment. The appellate court decision comes a month before Gibbs is set to face a competitive primary against former City Council Deputy Speaker Diana Ayala, as well as Tamika Mapp and William Smith, who previously challenged Gibbs in 2024."

"We live in an era of would-be kings, and this decision serves as a powerful reminder that no one is above the law and for that reason it's a victory for the rule of law itself, Lilly's attorney, David Krauss, said of the decision. The heart of the appellate court's ruling is that firing someone days after they ask for medical leave is enough to make a credible case for discrimination."

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