Disability Discrimination

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In a recent decision, Kelleher v. Fred A. Cook, Inc., 18‐2385, 2019 WL 4616715, the Second Circuit held that plaintiff sufficiently alleged a claim for “associational discrimination” under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA), and vacated the lower court’s decision dismissing the complaint. Here, Plaintiff alleged that he was…

Read More 2d Circuit Overturns Dismissal of ADA “Associational” Disability Discrimination Claim
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In Coleman v. Time Capital Securities Corp., No. 13-17883, 2019 WL 4492880, 2019 N.Y. Slip Op. 32721(U) (N.Y. Sup Ct, Suffolk Cty. Sep. 10, 2019), the court, inter alia, dismissed plaintiff’s disability-based hostile work environment claim, asserted under the New York State Human Rights Law. Generally, explained the court, “[t]o establish a hostile work environment…

Read More Disability-Based Hostile Work Environment Claim Dismissed
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In Woolf v. Bloomberg L.P., 16-cv-6953 (PKC), 2019 WL 1046656 (S.D.N.Y. Mar. 5, 2019), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). In this case, Plaintiff alleges (inter alia) that his employer violated the ADA by terminating him on the…

Read More Stress-Related Migraines Were Not a “Disability” Under the ADA, Court Holds
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In a recent decision, Gindi v. NYC Dept. of Education, 18-3057-cv, 2019 WL 4254700 (2d Cir. Sept. 9, 2019) (Summary Order), the Second Circuit affirmed the district court’s dismissal – on statute of limitations grounds – of plaintiff’s discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in…

Read More Title VII, ADEA, ADA Dismissal Affirmed on Statute of Limitations Grounds
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In Scalercio-Isenberg v Citibank NMTC Corp., No. 100030/19, 2019 WL 2559433 (N.Y. Sup Ct, New York County June 17, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire discrimination claim. Among other things, plaintiff alleged that she received an “inappropriate sexual text message” from the individual defendant. From the decision: … As for her state and…

Read More Gender, Disability Discrimination Claims Dismissed Against Citibank
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A recent decision, Rodriguez v. Gikher, 2019 WL 2433596, at *2 (S.D.N.Y. June 11, 2019), provides an outline of the elements of a disability discrimination claim under the Americans with Disabilities Act (ADA), as well as what must be alleged to properly plead such a claim. The court explains: The ADA prohibits discrimination against a…

Read More “Barebones” ADA Disability Discrimination Complaint
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In Vuono v. Consolidated Edison of New York, Inc., 2019 WL 2433654 (S.D.N.Y. 2019), the court, inter alia, dismissed plaintiff’s disability discrimination claim, finding that allegedly “excessive” drug and alcohol tests did not qualify as adverse employment actions. From the decision: Requiring an employee to be tested pursuant to the On Call program does not…

Read More Drug Testing Was Not an “Adverse Employment Action”, Court Holds
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In Catalano v. Fox Tel. Stas., Inc., 2019 NY Slip Op 04463 (App. Div. 1st Dept. June 6, 2019), the Appellate Division, First Department affirmed the lower court’s dismissal on summary judgment of plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case is instructive on the nature and…

Read More Employer Met Obligation to Have “Interactive Dialogue” Relating to Reasonably Accommodating Plaintiff’s Disability, Court Finds
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In Lam v. New York City Department of Education, 18-cv-2756, 2019 WL 2327655, (S.D.N.Y. May 30, 2019), the court, inter alia, dismissed plaintiff’s Americans with Disabilities-based hostile work environment claim under Federal Rule of Civil Procedure 12(b)(6). In this case, plaintiff, a special education teacher, alleges that she suffers from anxiety, depression, degenerative spine or…

Read More Disability-Based Hostile Work Environment Claim Against NYCDOE Dismissed
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In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, denied defendant’s motion for dismissal on the pleadings (under FRCP 12(c)) of plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. The court summarized the law as follows: An employer is liable…

Read More Citing Factual Issues, Court Declines to Dismiss ADA Failure to Accommodate Claim on the Pleadings
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