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 ComplaintIn 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 HoldsIn 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 FindsIn 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 DismissedIn 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 PleadingsIn 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, dismissed plaintiff’s discrimination and retaliation claims – by granting defendant’s motion for a judgment on the pleadings pursuant to FRCP 12(c) – under the Americans with Disabilities Act (ADA), on the ground that plaintiff…
Read More ADA Claim Dismissed; No “Adverse Employment Action”In Natofsky v. City of New York, 2019 WL 1715951 (2d Cir. April 18, 2019), the Second Circuit, inter alia, held that the Americans with Disabilities Act (ADA) employs the (relatively strict) “but for” causation standard. From the decision: Having determined that the ADA does not incorporate Title VII’s mixed-motive standard, the remaining question is…
Read More 2d Circuit Holds That the ADA Requires “But For” CausationIn Alexander Guerrero Toro v. Northstar Demolition & Remediation, 2019 WL 1396751 (W.D.N.Y. March 28, 2019), the court, inter alia, dismissed plaintiff’s claim of a disability-based hostile work environment claim. From the decision: Plaintiff testified that he was subject to workplace harassment because he was assigned to jobs he could not complete, his supervisors wanted…
Read More Asbestos Handler’s Disability-Based Hostile Work Environment Claim DismissedIn Noel v. Wal-Mart Stores, East LP, 18-1139-cv (2d Cir. March 11, 2019) (Summary Order), the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint. Plaintiff, who held the position of pharmacist manager, suffered from trypanophobia (or needle phobia). He sought an exemption from an alteration of his job description that would…
Read More 2d Circuit Overturns Dismissal of Disability Discrimination Complaint by Needle-Fearing PharmacistFrom Fox v. Costco Wholesale Corporation, 2019 WL 1050643, at *7 (C.A.2 (N.Y.), 2019): The district court demanded too much of Fox. Fox is not required to list the shift, week, or month to be able to present this issue to a jury. See Aulicino v. N.Y.C. Dep’t of Homeless Servs., 580 F.3d 73, 84…
Read More Plaintiff’s ADA Disability Disability Discrimination Claim Survives Summary Judgment Summary Judgment Claim