Disability Discrimination

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In Mouscardy v Consolidated Edison Company of New York, No. 2018-14239, 4431/08, 2020 N.Y. Slip Op. 03656, 2020 WL 3551808 (N.Y.A.D. 2 Dept., July 01, 2020), the court, inter alia, held that an arbitrator’s determination that the employer had reasonable cause to terminate plaintiff’s employment did not collaterally estop plaintiff from proceeding with his claim of…

Read More NYC Human Rights Law Discrimination Claim Survives, Notwithstanding Union Arbitrator’s Finding of Reasonable Cause to Terminate Employment
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In Kornmann v. City of New York Business Integrity Commission, 2020 WL 3165537 (E.D.N.Y. June 15, 2020), the court, inter alia, denied defendants’ motion for summary judgment seeking dismissal of plaintiff’s claim of disability discrimination. From the decision: For purposes of this motion, defendants do not dispute that plaintiff has satisfied the first three factors…

Read More Disability Discrimination Case Survives Summary Judgment Against City of New York Business Integrity Commission
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In a recent update to its “What You Should Know” segment, the U.S. Equal Employment Opportunity Commission stated that, under the ADA, an employer may not require antibody testing before permitting employees to re-enter the workplace. It wrote: An antibody test constitutes a medical examination under the ADA. In light of CDC’s Interim Guidelines that…

Read More EEOC: Employers Can Not Require Antibody Testing Before Allowing Employees to Re-Enter the Workplace
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In Langella v. Mahopac Central School District, 2020 WL 2836760 (SDNY May 31, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). Among other things, this decision is instructive as to how courts apply the (relatively recently established/confirmed) “but for” causation standard under the ADA. Plaintiff…

Read More Disability Discrimination Claim Dismissed; Tinnitus, Hypertension Not “Disabilities”; Medical Conditions Not “But For Cause” of Adverse Actions
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In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, granted plaintiff leave to amend his complaint to supplement his retaliation claim under the Americans with Disabilities Act (ADA). The court outlined the relevant law: To succeed in an ADA retaliation claim, a plaintiff must prove…

Read More ADA Retaliation Claim May Be Supplemented in Amended Complaint
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In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, held that plaintiff did not sufficiently allege that he suffered from a “disability” (here, a mold allergy0 within the meaning of the Americans with Disabilities Act (ADA). From the decision: Here, the Court denies the Plaintiff…

Read More Disability (Mold Allergy) Insufficiently Alleged; ADA Amendment Denied
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In Zabar v. New York City Department of Education, 2020 WL 2423450 (S.D.N.Y. May 12, 2020) (J. Gardephe), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim asserted under the Americans with Disabilities Act (ADA). From the decision: Plaintiff claims that she engaged in protected activity in the summer of 2016, when…

Read More NYC Teacher’s ADA Retaliation Claim Survives Dismissal
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In Ramos v. Metro-North Commuter Railroad, No. 153742/18, 2020 WL 2041968, 2020 N.Y. Slip Op. 31061(U) (N.Y. Sup Ct, New York County Apr. 03, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s disability-based hostile work environment claim asserted under the New York City Human Rights Law. The court reached this conclusion, however,…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Under the New York City (But Not New York State) Human Rights Law
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In Gordon v Consolidated Edison, Inc., No. 152614/2017, 2020 WL 192980 (N.Y. Sup Ct, New York County March 16, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. From the decision: Gordon has established a prima facie case…

Read More Medical Marijuana Discrimination Claims Against Con Edison Survive Summary Judgment
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In Williams v. Anne Geiger and Department of Education, 2020 WL 1304397 (S.D.N.Y. March 19, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. In order to establish a hostile work environment claim, plaintiff was required to show two elements: (1) the workplace was permeated with…

Read More Disability-Based Hostile Work Environment Claim Dismissed
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