Disability Discrimination

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In Watson v. Metro. Transit Auth., 248 A.D.3d 1158 (N.Y. App. Div. 2026), the court, inter alia, held that a release did not apply to bar plaintiff’s employment discrimination action. From the decision: Generally, a valid release constitutes a complete bar to an action on a claim which is the subject of the release” (Centro…

Read More Employment Discrimination Claims Not Barred By Release; But Held Insufficiently Pled
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In Epifani v. State of New Mexico et al, 2026 WL 1261122 (D.N.M. May 8, 2026), the court, inter alia, held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the Americans with Disabilities Act (ADA). From the decision: Plaintiff’s complaint includes certain factual allegations that arguably pertain to her ADA hostile work…

Read More ADA Disability, But Not Title VII National Origin, Hostile Work Environment Survives Dismissal
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In Terrell v. UVA Health System, No. 3:26-CV-00036, 2026 WL 1122379 (W.D. Va. Apr. 24, 2026), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). From the…

Read More Sex/Age/Disability-Based Hostile Work Environment Claims Dismissed; Criticism of Performance Insufficient
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In Brown v. Winston Staffing LLC, No. 159405/2025, 2026 WL 964813 (N.Y. Sup. Ct. Apr. 07, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff has a long-term injury to her left foot which causes her to walk…

Read More Disability Discrimination Claim Sufficiently Alleged; Allegations Included Mocking of Plaintiff’s Foot Injury
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In Dorzilor v. MSH 1538, LLC, No. 159191/2025, 2026 WL 967771 (N.Y. Sup. Ct. Apr. 08, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination and retaliation claims asserted under the New York City Human Rights Law. From the decision: To allege employment discrimination, a plaintiff must show (a) she is…

Read More NYCHRL Discrimination & Retaliation Claims Sufficiently Alleged; Termination Followed Medical Leave
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In Warden v. Richard Fordyce et al, No. 6:25-CV-01467-MC, 2026 WL 735346 (D. Or. Mar. 16, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: The sum of Plaintiff’s factual allegations is insufficient to state a claim based on a hostile work environment. First, Plaintiff attempts…

Read More Disability-Based Hostile Work Environment Claim Dismissed; Alleged “Unpleasant” “Mistreatment” Insufficient
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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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