Disability Discrimination

by

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
Share This:
by

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
Share This:
by

The EEOC recently offered information on how the provisions of the Americans with Disabilities Act and the Rehabilitation Act may apply in the context of the COVID-19 pandemic. This document links to a prior document, titled “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” (written during the H1N1 outbreak), which has been…

Read More EEOC Issues (Updated) Guidance Regarding the Americans with Disabilities Act and COVID-19
Share This:
by

A recent decision, Brouillard v Sunrun, Inc., No. 518516-2019, 2020 WL 998990, 2020 N.Y. Slip Op. 30663(U) (N.Y. Sup Ct, Kings County Feb. 26, 2020), illustrates the difference between the New York State Human Rights Law and the comparatively broader New York City Human Rights Law – here, specifically, in the context of a claim…

Read More Disability Discrimination Claim Arising From Medical Marijuana User Status Sufficiently Alleged Under City, But Not State, Law
Share This:
by

In Matter of New York State Unified Ct. Sys. v. New York State Div. of Human Rights, 2020 NY Slip Op 01252 (App. Div. 1st Dept. Feb. 20, 2020), the court upheld a finding of disability discrimination on behalf of a hearing-impaired court officer. From the decision: The Commissioner’s finding of discrimination is supported by…

Read More Court Upholds Finding of Disability Discrimination of Court Officer
Share This:
by

From Wu v. Metropolitan Transportation Authority, 2020 WL 615626, at *10 (S.D.N.Y. Feb. 7,  2020): Wu has not established his prima facie case of discrimination because he not adduced any evidence that the incidents at issue in this case were the result of disability discrimination. He has not, for instance, put forth evidence that his…

Read More Disability Discrimination Claims Dismissed Against MTA
Share This:
by

In Woolf v. Strada, 2020 WL 573386 (2d Cir. Feb. 6, 2020), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act of 1990, as amended. Specifically, the court addressed “whether Woolf’s inability to perform his particular job as a result of…

Read More Second Circuit Affirms Dismissal of Disability Discrimination Claim
Share This:
by

In Sivio v. Village Care Max, 18-cv-2408, 2020 WL 497513 (S.D.N.Y. January 31, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim. Initially, the court found that a reasonable jury could find that defendant improperly failed to accommodate plaintiff’s disability. It next turned to plaintiff’s disability discrimination claim,…

Read More Disability Discrimination Claim Survives Summary Judgment Against Village Care Max
Share This:
by

In Roberman v. Alamo Drafthouse Cinemas Holdings, LLC, No. 508293/2019, 2020 N.Y. Slip Op. 20013, 2020 WL 253372 (NY Sup Ct, Kings Cty. Jan. 13, 2020), the court held that plaintiff – a hearing-impaired individual – did not state a claim for disability discrimination under the New York City Human Rights Law. Plaintiff alleged, in…

Read More Public Accommodation Discrimination Lawsuit Against Movie Theater Dismissed
Share This:
by

In Camoia v. City of New York, 787 Fed.Appx. 55, 57 (2d Cir. Dec. 13, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s perceived-as disability claims under the Americans with Disabilities Act and the New York State and City Human Rights Laws. In sum, plaintiff – a NYPD trainee – alleges that defendant…

Read More 2d Circuit Affirms Dismissal of NYPD Trainee’s “Perceived As Disabled” Discrimination Claim
Share This: