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Disability Discrimination

In Stevens v. Rite Aid Corp., No. 15-277(L), 2017 WL 1055566 (2d Cir. Mar. 21, 2017), the Second Circuit reversed a lower court decision in favor of the plaintiff on his wrongful termination and retaliation claims, and affirmed its dismissal of plaintiff’s failure-to-accommodate claim, under the Americans with Disabilities Act (ADA) and state law. Plaintiff, a pharmacist, suffers […]

In Paxton v. Fluor Enterprises, Inc., No. 15-cv-3737, 2017 WL 875856 (S.D.N.Y. Mar. 3, 2017) (J. Cote), the court granted defendant’s motion for summary judgment on plaintiff’s Americans with Disabilities Act and New York State Human Rights Law (NYSHRL) claims, as her medical condition – birth with a cleft lip and palate – was not […]

The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal, […]

In Chernov v. Securities Training Corp., 2017 NY Slip Op 00126 (App. Div. 1st Dept. Jan. 10, 2017), an employment (disability) discrimination case, the Appellate Division, First Department unanimously reversed a lower court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s complaint. From the decision: Viewing the evidence in the light most favorable to plaintiff, the […]

In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to […]

In Balgley v. N.Y. City Health & Hosps. Corp., No. 14-CV-9041 (KBF), 2017 WL 95114 (S.D.N.Y. Jan. 10, 2017), Southern District Judge Katherine Forrest dismissed plaintiff’s retaliation claim under the Americans with Disabilities Act (ADA) and his disability discrimination claim under the New York City Human Rights Law (NYCHRL). In sum, plaintiff alleges that defendant unlawfully […]

In Horwitz v. Loop Capital Markets LLC (N.Y. Sup. Ct., N.Y. Cty., Index No. 650944/2016, Dec. 5, 2016), the court denied defendant’s CPLR 3211(a)(7) motion to dismiss and held that plaintiff sufficiently alleged a claim for discrimination based on a disability (here, a stutter) under the New York City Human Rights Law.[1]The court also ruled on […]

In Scott-Robinson v. City of N.Y., No. 15-CV-09703 (NRB), 2016 WL 7378775 (S.D.N.Y. Dec. 15, 2016), the Southern District of New York (Judge Buchwald) dismissed plaintiff’s retaliation claim under the New York City Human Rights Law (NYCHRL), but held that she sufficiently alleged her failure-to-accommodate-disability claims against individual defendants. Plaintiff, a Child and Family Specialist […]

In Dollinger v. N.Y. State Ins. Fund, No. 314CV908MADDEP, 2016 WL 6833993 (N.D.N.Y. Nov. 18, 2016), the court dismissed plaintiff’s disability discrimination, hostile work environment, and retaliation claims. Plaintiff alleged, inter alia, “that he has been subjected to such treatment because he is ‘regarded as belonging to a group associated with high risk for HIV/AIDS; […]

In Quick v. Garcia, No. 16-cv-2646, 2016 WL 6069504 (E.D.N.Y. Oct. 14, 2016), the court dismissed, with prejudice, plaintiff’s (amended) complaint which asserted disability discrimination under the Americans with Disabilities Act (ADA). This decision contains a small, but important, pleading point. It explained: “[T]he Amended Complaint does not allege that plaintiff is disabled within the […]