As it appeared on Law360 Employment Authority.
By Grace Elletson
A senior adviser for a New York state assembly member hit his former boss with a disability bias suit in state court, claiming he was fired days before undergoing a diabetes-induced amputation that ultimately cost him half of his leg, so that the state could avoid handing him medical leave.
Keith Lilly sued Assemblymember Edward Gibbs and the state of New York Tuesday, alleging the elected official and the state violated New York state and city human rights laws after he was terminated from his job without explanation when he faced a medical procedure that was likely to require a lengthy recovery.
“Gibbs’ perception of Lilly suddenly changed upon Lilly’s hospitalization, which caused him to view Lilly as damaged goods and callously terminate him in the midst of the health crisis he was experiencing,” Lilly said.
Lilly said he has been involved in New York politics since the mid 1990s, when he began working for a New York City council member. He has since served as a district leader for the state assembly, worked on campaigns and served as a staff member for a state senator, according to the suit.
When Gibbs was elected to serve New York’s 68th district in the state assembly, Lilly said his team recruited him to join his staff as a senior adviser. Lilly said he started the job in August 2022.
Lilly said he reported directly to Gibbs and was in charge of handling constituent services and liaising with community leaders and organizations. He said he excelled in the role and organized key events for the representative.
The senior adviser said he was open about his diabetes in Gibbs’ office given that he has sought to raise awareness about the disease throughout his political career. At the start of summer 2023, Lilly said he developed a small hole in his left foot that wasn’t healing, prompting him to seek medical treatment.
Despite being prescribed antibiotics, his condition became worse, according to the suit. He had trouble walking but continued performing his job duties. One evening in July, he said he was admitted to the hospital where doctors discovered that the hole, which was related to his underlying diabetes condition, became infected and that toes on his left foot needed to be amputated.
Gibbs visited Lilly at the hospital where he informed his boss about the amputation, but the representative did not ask Lilly when he would be able to resume his job duties or if he needed accommodations moving forward, according to the suit.
Two days after Gibbs’ hospital visit, and a day before his amputation, Gibbs called Lilly and fired him on July 28, 2023, according to the suit. Lilly said he was given no explanation for his termination, and he hadn’t been given any negative feedback about his work performance. He said Gibbs subsequently filled his role with someone else.
Because infected tissue remained after his toes were amputated, Lilly said his doctors concluded that his left leg needed to be amputated up to the knee.
Lilly said he was fired because of his disability, and that Gibbs’ office failed to find working accommodation for him as required under New York law. He said his termination became effective two days before his one-year anniversary with the assembly, which would have made him eligible for a leave of absence under the Family and Medical Leave Act.
“Given the severity of his health issues, it was immediately apparent from the commencement of his hospitalization that his recovery might require a prolonged medical leave of absence,” Lilly said. “Rather than permit him that opportunity, the State (acting through Gibbs) terminated Lilly.”
Representatives of Lilly, Gibbs and the state did not immediately respond to requests for comment.
Lilly is represented by H. David Krauss of Bantle & Levy LLP.
Counsel information for Gibbs and the state was not yet available.
The case is Lilly v. State of New York et al., case number 155539/2024, in the Supreme Court of the State of New York, County of New York.
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