Disability Discrimination

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In Whitehurst v. Staten Island University Hospital et al, , 18-cv-1090, 2018 WL 2744710 (E.D.N.Y. June 6, 2018), the court, inter alia, denied plaintiff’s motion to remand her case back to state court. In evaluating plaintiff’s claims of disability discrimination against the Union, the court explained: To make out a claim under either the NYCHRL…

Read More Court: Union’s Decision Not to Pursue Arbitration Not Shown as Being “Because of” Disability (Sleep Apnea)
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In Boncimino v. New York Unified Court System et al, 17-cv-6760, 2018 WL 2225004 (S.D.N.Y. May 15, 2018), the court held that plaintiff, a New York State Court Officer, plausibly alleged claims for retaliation under the Family and Medical Leave Act (FMLA) and New York City Human Rights Law (NYCHRL), as well as disability discrimination under the…

Read More Court Officer’s Disability Discrimination and Retaliation Claims Survive Dismissal
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Among the different types of discrimination prohibited by the Americans with Disabilities Act is so-called “associational discrimination.” Specifically, the ADA, inter alia, prohibits an employer from excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have…

Read More Court Explains 2d Circuit Standard for “Associational Discrimination” Under the ADA
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In Valentine v. Brain & Spine Surgeons of New York, P.C., 17-cv-2275, 2018 WL 1871175 (S.D.N.Y. April 16, 2018), the court denied in part defendants’ motion to dismiss plaintiff’s failure-to-accommodate claim under the Americans with Disabilities Act (ADA). Plaintiff alleged, in sum, that defendant violated the ADA by firing her several days after she returned…

Read More Failure to Accommodate Disability Claim Survives Dismissal [Valentine v. Brain & Spine Surgeons of New York, P.C.]
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In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss, and held that plaintiff – who suffered from a stutter – stated a claim for a hostile work environment under the Americans with Disabilities Act (ADA). From the decision:…

Read More Plaintiff, Mocked For Stuttering, States Hostile Work Environment Claim Under the Americans with Disabilities Act
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In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29,  2018), the court (inter alia) concluded that plaintiff’s amended complaint sufficiently alleged a “materially adverse employment action” and that plaintiff stated a retaliation claim under the Americans with Disabilities Act (ADA). From the Opinion: Here, the amended complaint alleges that, on June…

Read More ADA Retaliation Claim Survives Dismissal Against Delta Airlines
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Below is the complaint, captioned Davis v. Rue La La, NY Sup. Ct. NY Cty. 152558/2018 (filed March 22, 2018), in which plaintiff asserts (inter alia) that defendant “treated [plaintiff] less well because it perceived her as disabled, which culminated in [plaintiff]’s termination” and that “[t]he circumstances surrounding [defendant]’s conduct towards [plaintiff], including HR’s discriminatory…

Read More Perceived-As Disability (Alcoholism) Discrimination Lawsuit Against Rue La La
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In Best v. Duane Reade, Inc. (2d Cir. 17-380 March 22, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s failure-to-accommodate, discrimination, and retaliation claims under the federal Americans with Disabilities Act. Here is the legal standard:[1]As usual, citations are omitted. ADA claims are analyzed under the burden-shifting framework established for discrimination claims:…

Read More Disability Discrimination Claims Properly Dismissed Against Duane Reade
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In Dollinger v. New York State Insurance Fund, 2018 WL 832904 (2d Cir. Feb. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim under the Americans with Disabilities Act. From the Order: The District Court also correctly dismissed Dollinger’s ADA hostile-work-environment claim. We have not yet…

Read More ADA Hostile Work Environment Claim Properly Dismissed; Most of Alleged Harassment Related to Plaintiff’s Sexual Orientation
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In Reiter v. Maxi-Aids, Inc., 14-cv-3712, 2018 WL 557864 (E.D.N.Y. Jan. 19, 2018), the court, inter alia, upheld a jury’s determination that plaintiff was subject to “associational discrimination” under the Americans with Disabilities Act (ADA). In sum, defendant’s principal (Zaretsky) terminated plaintiff shortly after plaintiff advised Zaretsky about an issue concerning his daughter, Bailey, who…

Read More Father’s ADA Claim, Alleging Discrimination by Association With Suicidal Daughter, Jury Verdict Upheld
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