Disability Discrimination

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In Makinen v. City of New York, 2017 NY Slip Op 07208, 2017 WL 4621717 (N.Y. Ct. App. Oct. 17, 2017) (J. Fahey), the Court of Appeals of New York – the state’s highest court – addressed the following certified question: Do sections 8–102(16)(c) and 8–107(1)(a) of the New York City Administrative Code preclude a plaintiff…

Read More NY Highest Court: Discrimination Based on Perception of Untreated Alcoholism Not Actionable Under the NYC Human Rights Law
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In Lawson v. Homenuk, 2017 WL 4534779 (2d Cir. Oct. 11, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the Order: Although Lawson argues that her coworkers “constantly”…

Read More Hostile Work Environment & Constructive Discharge Claims Properly Dismissed in Light of Contradiction Between Deposition and Summary Judgment Affidavit
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In Osby v. City of New York, 13-cv-8826, 2017 WL 4236563 (S.D.N.Y. Sept. 22, 2017), the court granted defendant’s motion under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, and dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act (ADA). To make out an ADA discrimination claim, plaintiff…

Read More ADA Disability Discrimination & Retaliation Claims Dismissed; Employer Actions Were Time-Barred, Not “Adverse Employment Actions”, or Were Not Undertaken Because of Discriminatory Animus
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In Sefovic v. Memorial Sloan Kettering Cancer Center, 2017 WL 3668845 (S.D.N.Y. Aug. 23, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s claims under, inter alia, the Americans with Disabilities Act (ADA). In sum, defendant terminated plaintiff after he failed to return to work following medical leave. Specifically: “The undisputed facts establish…

Read More Disability Discrimination Claims Dismissed, in Light of Plaintiff’s Inability to Work
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In Duarte v. St. Barnabas Hospital, 2017 WL 4082307, at *17 (S.D.N.Y. Sept. 13, 2017), the court held that material issues of fact precluded summary judgment for defendant on plaintiff’s disability and national origin-based hostile work environment claim. As to plaintiff’s hearing condition, the court noted: Here, Plaintiff has offered evidence that – during weekly…

Read More Accent- and Disability-Based Hostile Work Environment Claim Survives Summary Judgment
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In Allen v. A.R.E.B.A. Casriel, Inc., 2017 WL 4046127 (S.D.N.Y., 2017), the court held that plaintiff’s failure-to-accommodate-disability claim survived summary judgment.[1]The court dismissed, however, plaintiff’s claims of age and race discrimination. From the decision: Defendants concede that Plaintiff was disabled and that ACI was aware of Plaintiff’s macular degeneration. (Def. 56.1 ¶ 25). Defendants argue they…

Read More Failure to Accommodate Disability (Macular Degeneration) Claim Survives Summary Judgment
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The term “reasonable accommodation” has a specific meaning in employment law. It arises in the context of disability discrimination, pregnancy discrimination, and religious discrimination. Here I will discuss its meaning in the context of disability discrimination by an employer against an employee or job applicant. The Americans with Disabilities Act, 42 U.S.C. 12101 et seq.…

Read More What Is a “Reasonable Accommodation” For a “Disability”?
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In Roa v. Staples, Inc., 2017 WL 3425779 (SDNY Aug. 9, 2017), the court denied defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim. Although it was undisputed that defendant terminated plaintiff based on the belief that plaintiff stole another employee’s bag of chips, the court held that plaintiff provided enough evidence of discriminatory…

Read More Disability Discrimination Claim Against Staples Survives Summary Judgment
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court held that plaintiff sufficiently alleged a retaliation claim under the Americans with Disabilities Act (ADA).[1]I addressed this decision’s resolution of plaintiff’s hostile work environment and disability discrimination claims, respectively, here and here. Plaintiff worked as a…

Read More ADA Retaliation Claim Survives Dismissal
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act (ADA). Plaintiff worked as a bus operator for the MTA Bus Company. After being diagnosed with a disc herniation, she requested a “reasonable accommodation”…

Read More ADA Hostile Work Environment Claim Dismissed; Yelling Insufficient
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