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Disability Discrimination

In Bull v. Metro. Jewish Health Sys., Inc., No. 18128/12, 2017 WL 3045858 (N.Y. App. Div. 2d Dept. July 19, 2017), the Appellate Division held that the lower court should have dismissed plaintiff’s claims of age and disability discrimination. Plaintiff alleged, inter alia, “that the defendant discriminated against her on the basis of her age […]

In Kleinman v. Fashion Institute of Technology, No. 16 CIV. 4348 (KPF), 2017 WL 3016940 (S.D.N.Y. July 14, 2017) (J. Failla), the court, inter alia, dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act. Initially, the court noted that while the “Second Circuit has not yet decided whether a hostile work environment […]

In Dineley v. Coach, Inc., No. 16-cv-3197 (DLC), 2017 WL 2963499 (S.D.N.Y. July 11, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim based on her disability (alcoholism). Initially, the court noted that while the Second Circuit has not yet decided whether the Americans with Disabilities Act (ADA) provides […]

In Padilla v. Yeshiva Univ., No. 16-4086-CV, 2017 WL 2347567 (2d Cir. June 2, 2017), the Second Circuit vacated the district court’s judgment that plaintiff failed to plausibly allege (1) retaliation under the Family and Medical Leave Act (FMLA) and (2) disability discrimination under the New York City Human Rights Law. Initially, the court summarized […]

In Gentleman v. State Univ. of N.Y.-Stony Brook, No. 16-CV-2012(ADS)(AKT), 2017 WL 2468963 (E.D.N.Y. June 6, 2017), the court held that plaintiff sufficiently alleged a claim of discrimination under the Rehabilitation Act. In sum, the court concluded that – applying the more lenient standard for “regarded as disabled” claims – plaintiff plausibly alleged that she “was […]

In Flieger v. Eastern Suffolk BOCES, No. 16-2556-CV, 2017 WL 2377853 (2d Cir. June 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claims under the Americans with Disabilities Act. This decision touches on various issues that typically arise in these types of cases. Initially, the court held that plaintiff […]

In Makinen v. City of New York (2d Cir. 16-973 May 22, 2017), the court certified the following question to the New York Court of Appeals: Do sections 8‐102(16)(c) 7 and 8‐107(1)(a) of the New York City Administrative Code preclude a plaintiff from bringing a disability discrimination claim based solely on a perception of untreated alcoholism? This […]

In James v. Gurneys Inn Resort & Spa Ltd., No. 16-CV-6813(JS)(ARL), 2017 WL 1483528 (E.D.N.Y. Apr. 25, 2017), the court held that plaintiff’s complaint did not plausibly allege employment discrimination based on his gender, age, or disability. “The sine qua non of a gender-based [or age or disability-based] discriminatory action claim under Title VII [or the […]

In Lebowitz v. N.Y. City Dep’t of Educ., No. 15-cv-2890, 2017 WL 1232472 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiffs – former Sheepshead Bay High School math teachers – sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights […]

In Roy v. Buffalo Philharmonic Orchestra, 16-3064-cv (2d Cir. March 23, 2017) (Summary Order), the court affirmed the dismissal, on timeliness/failure-to-exhaust-remedies grounds, of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. From the Order: We conclude that the district court properly dismissed Roy’s complaint on the ground that […]