Disability Discrimination

by

In Rosenberg v. Boces, No. 2024–11266, 2026 WL 2249474 (N.Y. App. Div. Aug. 5, 2026), the New York Appellate Division, Second Department, affirmed the lower court’s award of summary judgment dismissing plaintiff’s claims of disability discrimination, failure to provide a reasonable accommodation, and constructive discharge in violation of the New York State Human Rights Law…

Read More Disability Discrimination Claims, Arising From Denial of Remote-Work Accommodation, Properly Dismissed
Share This:
by

A recent court decision, Morgan v. Federal Express Corporation, No. 2:24-CV-02844-BCL-TMP, 2026 WL 1987609 (W.D. Tenn. July 9, 2026), is instructive on the deadlines for pursuing a claim under federal discrimination law under statutes administered by the U.S. Equal Employment Opportunity Commission (EEOC). From the decision: Employment discrimination claims under Title VII, the ADEA, and…

Read More Discrimination Claims Dismissed as Untimely Filed at the EEOC
Share This:
by

In Dobbins v. Rollins, No. 25-1465, 2026 WL 1813421 (8th Cir. June 24, 2026), the U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s award of summary judgment on plaintiff’s disability discrimination claim under the Rehabilitation Act. From the decision: Dobbins says her depression, anxiety, and PTSD disabled her and that she…

Read More Disability Discrimination Claim Properly Dismissed; Evidence Insufficient to Connect Objectionable Conduct to Plaintiff’s Disability, Rather Than Frustration With Tardiness and Absences
Share This:
by

In Coleman v EarthLink, LLC, No. 1:25CV00032, 2026 WL 1906086 (W.D.Va. July 2, 2026), the court, inter alia, denied defendant’s motion to dismiss Plaintiff’s failure-to-accommodate disability claim under the Americans with Disabilities Act (ADA). From the decision: Coleman alleges that he requested flexible break and lunch times to manage his diabetes. He contends that EarthLink’s management…

Read More Failure to Accommodate Disability ADA Claim Survives Dismissal
Share This:
by

In Kilvert v. City Winery, LLC, No. 161087/2024, 2026 WL 1847596 (N.Y. Sup. Ct. June 16, 2026), the court, inter alia, granted plaintiff’s motion to amend their complaint to add a claim of disability discrimination under the New York State and City Human Rights Laws. From the decision: The standard for determining liability for discrimination-based…

Read More Disability Discrimination Claims Sufficiently Alleged; Leave to Amend Complaint Granted
Share This:
by

In Feliciano v. City of New York, No. 154804/2024, 2026 WL 1813759 (N.Y. Sup. Ct. June 10, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York City Human Rights Law. The court summarized the facts as follows: Plaintiff alleges that in 2006 she was hired as…

Read More NYPD Officer’s Disability Discrimination, Hostile Work Environment Claims Survive Dismissal
Share This:
by

In Manculich v. Five Riverside Towers Owners, Inc., 88 Misc. 3d 1264(A), 254 N.Y.S.3d 921 (N.Y. Sup. Ct. 2026), the court dismissed plaintiff’s complaint alleging housing discrimination in the form of denying her application for tenancy in their building, based upon a disability that requires her use of a dog as an emotional support animal.…

Read More Disability-Based Housing Discrimination Claims, Arising From Alleged Denial Due to Emotional Support Dog, Dismissed
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.