Disability Discrimination

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In Blanchard v. Kiewit Power Constructors Co., No. 1:25-CV-423, 2026 WL 587674 (N.D.N.Y. Mar. 3, 2026), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision; With respect to defendant’s exhaustion of administrative remedies argument, plaintiff indeed did not assert a hostile work environment…

Read More ADA Hostile Work Environment Claim Dismissed; PTSD Comments Were “Offensive” But Not “Extraordinarily Severe”
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In Krcishta v. 1745 East 12th Street LLC, No. 523841-2017, 2026 WL 416309 (N.Y. Sup. Ct. Feb. 11, 2026), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s claims for disability discrimination and failure to accommodate disability under the New York State and City Human Rights Laws. From the decision: An employer…

Read More Disability Discrimination, Failure to Accommodate Claims Survive Summary Judgment
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In Eskinazi v. Corporate Subscription Management Services, LLC, No. 2:25-CV-04879 (BRM) (JRA), 2026 WL 445809 (D.N.J. Feb. 17, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim(s). From the decision: To succeed on a hostile work environment claim, a “plaintiff must establish that 1) the employee suffered intentional discrimination…

Read More Hostile Work Environment Claim(s) Sufficiently Alleged; Evaluation of “Severe or Pervasive” Element Best Suited to Summary Judgment
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In Hughes v. Louis DeJoy, Postmaster General, U.S. Postal Service, No. 24-5865, 2026 WL 446413 (9th Cir. Feb. 17, 2026), the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s summary judgment dismissal of his race- and disability-based hostile work environment claims. From the decision: The district court appropriately granted summary judgment…

Read More 9th Circuit Affirms Dismissal of Plaintiff’s Race and Disability Based Hostile Work Environment Claims
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In Shuby v. Yale Univ., No. 3:25-CV-645 (AWT), 2026 WL 63352 (D. Conn. Jan. 8, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability and age discrimination claims under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s disability discrimination claims, the court explained:…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Age, Disability Discrimination Claims
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In Dorio v. Cmty. Hous. Mgmt. Corp. et al, No. 62784/2025, 2026 WL 90179 (N.Y. Sup. Ct. Jan. 8, 2026), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. Among other things, plaintiff alleged that she was forced to endure a…

Read More Court Dismisses Scent-Based Hostile Work Environment Claim
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In Draghi v. New York City Department of Education, No. 24-CV-2920 (EK)(MMH), 2026 WL 73970 (E.D.N.Y. Jan. 9, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of hostile work environment asserted under the Americans with Disabilities Act (ADA). From the decision: To allege a hostile work environment, “a plaintiff must show…

Read More Disability-Based Hostile Work Environment Claim, Asserted Under ADA, Dismissed
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In Ramirez v. City of New York, No. 24-CV-1061 (AS), 2026 WL 18678 (S.D.N.Y. Jan. 2, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation (but not disability discrimination) claim under the Rehabilitation Act. From the decision: The test for retaliation under the Rehabilitation Act has four parts: (1) the…

Read More Retaliation Claim, Based on Denial of Accommodations Following Filing of Lawsuit, Survives Summary Judgment
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In Kocher v. The Mount Sinai Hosp., No. 153955/2022, 2025 WL 3755782 (N.Y. Sup. Ct. Dec. 22, 2025), the court, inter alia, denied the parties’ motions for summary judgment on plaintiff’s disability discrimination claims asserted under the New York State and City Human Rights Laws. At issue, in sum, was whether a remote/virtual work arrangement…

Read More Reasonable Accommodation Claims, Arising From Remote Work Request, Survive Summary Judgment
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In Marlin v. Daniel P. Driscoll, Secy’ of the Army, No. 1:21-CV-00989 (CJN), 2025 WL 3640628 (D.D.C. Dec. 16, 2025), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s disability-based hostile work environment claim. From the decision: Marlin argues that she was “subjected to a hostile work environment from at least 2012…

Read More Disability-Based Hostile Work Environment Claim Dismissed; Alleged Conduct Over Several Years Insufficient
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