Disability Discrimination

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In Lettau v. 1199 Seiu Nat. Ben. Fund, No. 158020/2018, 2021 WL 143478, 2021 N.Y. Slip Op. 30122(U), 5–6 (N.Y. Sup Ct, New York County Jan. 15, 2021), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim asserted under the New York City Human Rights Law. From the decision:…

Read More Disability Discrimination Claim Dismissed; Unexcused Absences, Not Disability, Justified Termination
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In Payne v. Cornell University, 2021 WL 39684 (N.D.N.Y. Jan. 5, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court explained: [E]ven if Plaintiff had properly supported her claims, the Court would find that the complained-of conduct is not sufficiently severe or pervasive to alter the conditions of Plaintiff’s employment. Courts…

Read More Hostile Work Environment Claim Dismissed; Denial of Time Off and a Negative Evaluation Insufficient
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In a recently-updated (December 16, 2020) document titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws“, the U.S. Equal Employment Opportunity Commission (EEOC) addressed (in section “K.”), the issue of vaccinations in the context of COVID-19. For example, the EEOC takes the position that: The vaccination itself…

Read More EEOC Updates Guidance Regarding Vaccinations
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From Fernandes v Jadah Carroll, LLC, No. 12665, 158642/19, 2020-02599, 2020 N.Y. Slip Op. 07669, 2020 WL 7391276 (N.Y.A.D. 1 Dept., Dec. 17, 2020): Defendants demonstrated conclusively that they were not subject to the New York City Human Rights Law’s prohibition on discrimination in employment based on disability because they employed fewer than four persons…

Read More NYC Human Rights Law Disability Discrimination Claim Dismissed; Defendants Employed Fewer Than Four Persons
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In Benitez v. Jamaica Hosp. Medical Center, No. 507954/2017, 2020 WL 7132073 (N.Y. Sup Ct, Kings County Dec. 01, 2020), the court granted defendant’s motion to set aside the jury verdict on plaintiff’s hostile work environment claim, reasoning that “[a] single, ill considered remark over the entire course of plaintiff’s employment is not sufficiently severe…

Read More Single Remark Insufficient to Sustain Jury Verdict on Hostile Work Environment CaseTanks
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In Wolfe–Santos v NYS Gaming Commission, No. 12467, 160963/16, 2018-6103, 2020 N.Y. Slip Op. 06976, 2020 WL 6877365 (N.Y.A.D. 1 Dept., Nov. 24, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York City Human Rights Law. From the decision: The complaint fails to state a cause…

Read More Disability Discrimination Complaint Dismissal Against NYS Gaming Commission Affirmed
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In Vega v. Department of Education, 2020 WL 6727803 (S.D.N.Y. Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim. From the decision: Vega alleges that she was terminated in March 2019 in retaliation for filing her previous case, Vega I, in July 2018. Doc. 30 ¶ 20. To sufficiently plead a prima facie…

Read More Disability-Based Retaliation Claim Dismissed; Causation Undermined by Nine-Month Gap Between Protected Activity and Adverse Action
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In Brown v. City of New York, No. 12411, 152006/19, 2020-02127, 2020 N.Y. Slip Op. 06700, 2020 WL 6731830 (N.Y.A.D. 1 Dept., Nov. 17, 2020), the court affirmed the dismissal of plaintiff’s disability discrimination claim asserted under the New York State and City Human Rights Laws, on the ground that it did “not contain any…

Read More Disability Discrimination Claims, Based on Asthma and Cancer, Held Properly Dismissed
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In Correa v. City of New York, 2020 NY Slip Op 06383 (NY App. Div. 1 Dept. Nov. 10, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York State and City Human Rights Laws. From the decision: Plaintiff alleges that defendants discriminated against her on the…

Read More Disability Discrimination Claim, Arising From Depression Disclosure, Properly Dismissed
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In Dipinto v. Westchester County et al, 2020 WL 6135902 (S.D.N.Y. Oct. 19, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-related hostile work environment claims asserted under the Americans with Disabilities Act and the New York State Human Rights Law. In sum, plaintiff alleged that he suffered mistreatment after he injured…

Read More County Employee States Disability-Based Hostile Work Environment Claim Following Foot Injury
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