Disability Discrimination

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In Makinen v. City of New York, 2018 WL 546409 (2d Cir. Jan. 25, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiffs’ constructive discharge claim under the Americans with Disabilities Act and the New York State Human Rights Law. In sum, plaintiffs (city police officers) alleged that they suffered discrimination…

Read More 2d Circuit Affirms Dismissal of Plaintiffs’ Constructive Discharge Claims Based on Perceived Alcoholism
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In Watson v. Emblem Health Servs., 2018 NY Slip Op 00123 (App. Div. 1st Dept. Jan. 9, 2018), the court reversed a lower court’s decision granting defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the New York City Human Rights Law. In sum, plaintiff’s claims arose from defendant’s refusal to reinstate plaintiff and…

Read More Disability Discrimination Claim Survives Summary Judgment Under the NYC Human Rights Law
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From SHANEIS MARDIA GARCIA, Plaintiff, v. KINGS COUNTY HOSPITAL CENTER and MELISSA WALTERS, Defendants., 2018 WL 389212, at *6 (S.D.N.Y., 2018): Plaintiff’s discrimination claim arising from Walters’ conduct fails because she does not allege that Walters was motivated in any way by her schizophrenia. Throughout her complaint and opposition memorandum, Plaintiff describes numerous times when Walters…

Read More ADA Disability Discrimination Claim Dismissed; No Allegation That Alleged Mistreatment Was Motivated by Plaintiff’s Schizophrenia
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In Murray v. Cerebral Palsy Associations of New York et al, 16-cv-662, 2018 WL 264112 (S.D.N.Y. Jan. 2, 2018), the court, inter alia, dismissed plaintiff’s claim that he was discriminated against based on his post-traumatic stress disorder (PTSD), in violation of the Americans with Disabilities Act (ADA).[1]The court also dismissed plaintiff’s hostile work environment and…

Read More PTSD-Disability Discrimination Claim Dismissed, Absent Evidence That Decisionmakers Knew of Plaintiff’s Condition
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In Carvalho v. Associated Brands Inc., No. 17-622-cv, 2017 WL 6616707 (2d Cir. Dec. 28, 2017) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s denial-of-promotion claim under the Americans with Disabilities Act (ADA). As to that claim, plaintiff argued that the defendant discriminated against him based on his anxiety disorder by denying…

Read More ADA Denial-of-Promotion Claim Properly Dismissed; Pretext Argument Was “Mere Speculation”
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In DeMarzo v. Urban Dove, Inc., 2017 NY Slip Op 32612(U) (NY Sup. Ct. Kings Cty., 500466/13, Nov. 21, 2017), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination and retaliation claims under the NYS and NYC Human Rights Laws on the ground that plaintiff failed to file a Notice of Claim. The governing statute, Education…

Read More State, City Human Rights Law Claims Are Not “Torts” Under Notice of Claim Statute, Court Holds
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In Davis v. NYC Dept. of Corrections, 2017 WL 5634123 (E.D.N.Y. Nov. 22, 2017), the court dismissed plaintiff’s employment discrimination claims under, inter alia, the Americans with Disabilities Act (ADA). Plaintiff, a corrections officer, alleged that he was subject to discrimination based on his post-traumatic stress disorder (PTSD). The court provides the following summary of the…

Read More PTSD ADA Disability Discrimination Claim Dismissed
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From Davis v. NYC Dept. of Corrections et al, 17-cv-3863, 2017 WL 5634123 (E.D.N.Y. Nov. 22, 2017): Plaintiff fails to state a claim under the ADA. “[T]he [C]omplaint alleges no facts indicating that [Plaintiff’s] PTSD … impaired any life activities,” Soules v. Town of Oxford, 669 F. App’x 54, 56 (2d Cir. 2016), nor does…

Read More PTSD Not Shown to Impair any “Major Life Activities”; ADA Disability Discrimination Claim Dismissed
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In Sims v. Columbia University, NY Sup. Ct. NY Cty. 156566/2013 (Nov. 2, 2017) (J. James), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age, race, and disability discrimination under the New York State and New York City Human Rights Laws. Among its reasons for dismissal were that plaintiff did not…

Read More Alleged Racial Slurs (Including Reference to Bubbles, Michael Jackson’s Chimpanzee) Held Not Actionable
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In Graham v .New York State Off. of Mental Health, 2017 NY Slip Op 07501 (App. Div. 3d Dept. Oct. 26, 2017), the court (inter alia) affirmed the dismissal of plaintiff’s claim, asserted under the New York State Human Rights Law, that he was retaliated against for requesting a reasonable accommodation for his disability. From the…

Read More Retaliation Claim Properly Dismissed; Termination Was Due to Falsification of Job Application, Not Disability Accommodation Request
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