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Disability Discrimination Claim Dismissed Against Cablevision

by mjpospis on June 23, 2018

in Disability Discrimination, Employment Discrimination, Pleading

In Melendez v. Cablevision Systems Corp., 17-cv-9161, 2018 WL 2727890 (S.D.N.Y. June 6, 2018), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA).

While the court deemed plaintiff’s complaint insufficient, it gives an indication as to what allegations might suffice. From the decision:

[T]he complaint does not allege, even in a conclusory fashion, that [an alleged] injury rendered plaintiff “disabled” under the ADA. Further, besides a vague and conclusory allegation that plaintiff’s doctor would not allow him to engage in work besides “light duty,” the complaint does not even attempt to describe, for instance, (1) the nature of plaintiff’s previous employment, (2) how plaintiff’s injury impacted his ability to perform his job, (3) what “light duty” would constitute, or (4) how “light duty” differed from plaintiff’s assigned responsibilities. Finally, the complaint does not even allege that plaintiff suffered an adverse employment action—e.g., termination—because of any disability. Indeed, the only allegation regarding the reasoning for plaintiff’s termination is that “a third vendor company … recommended [Cablevision] not to continue” employing plaintiff; no reason is provided.

Put simply, plaintiff’s allegations, as they currently stand, do not come close to stating a claim for disability discrimination under Twombly and Iqbal. Accordingly, even if plaintiff’s ADA claim was timely, the Court would still dismiss it for failure to state a claim.

Categories: Disability Discrimination, Employment Discrimination, Pleading

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