Disability Discrimination

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In Tibbetts v. Pelham Union Free Sch. Dist., No. 2014-11219, 2016 WL 5928741 (N.Y. App. Div. 2nd Dept. Oct. 12, 2016), the court affirmed the summary judgment dismissal of plaintiff’s disability discrimination claim under the New York State Human Rights Law. Plaintiff, a probationary music teacher employed by defendant, alleged that she was fired approximately two…

Read More Music Teacher’s Disability Discrimination Claim Properly Dismissed; Court Cited Parental Complaints as Reason for Termination and Defendant’s Lack of Notice of Alleged Disability
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The Americans with Disabilities Act, New York State Human Rights Law, and New York City Human Rights Law all prohibit discrimination on the basis of a “disability”. The term “disability” is defined by the statutes in a specific way; thus a medical condition must come under the statutory definition of “disability” in order for a disability discrimination…

Read More What is a “Disability” Within the Meaning of the Anti-Discrimination Laws?
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Employment discrimination law is (for the most part) statutory, and is distributed among a variety of federal, state, and local laws and regulations. Although these statutes’ protections may overlap, they differ in terms of (e.g.) which employers are covered, administrative filing prerequisites, and damages/remedies. Below is a summary (not a complete listing or explanation) of…

Read More Which Employment Discrimination Laws Protect New York City Workers?
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In a recently-filed Manhattan federal court complaint, captioned Davy v. Darren Davy (SDNY 16-07083), plaintiff Angela Maria Puerta – a nanny and housekeeper who worked for defendants Darren Davy and Asmaa Davy – asserts claims of unpaid wages, hostile work environment, and unlawful termination. From the complaint: 1. For more than two years, [plaintiff] worked…

Read More Nanny/Housekeeper’s Wage/Hour, Hostile Work Environment, Unlawful Termination Allegations Against Darren & Asmaa Davy
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One type of disability discrimination claim recognized by the anti-discrimination laws is a so-called “failure to accommodate” claim. This article is meant to give an overview of general principles applicable; it is not intended to cover all aspects of the law on this topic. In order to establish a failure to accommodate claim under the…

Read More The “Failure to Accommodate Disability” Cause of Action
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In Miller v. Kendall, No. 14-CV-393, 2016 WL 4472748 (W.D.N.Y. Aug. 25, 2016), the court held that plaintiff plausibly alleged disability discrimination under the Americans with Disabilities Act. The court declined to adopt a Magistrate Judge’s Report and Recommendation to dismiss plaintiff’s ADA claim. This decision addresses the issue of what constitutes “essential functions” of one’s…

Read More State Trooper’s ADA Disability Discrimination Claim Survives Dismissal, Notwithstanding Doctor’s Note
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In Durick v. New York City Dep’t of Educ., No. 15 CIV. 7441 (BMC), 2016 WL 4385908 (E.D.N.Y. Aug. 17, 2016), the court held that plaintiff’s failure-to-accommodate-disability and constructive discharge claims under the Americans with Disabilities Act survived summary judgment. Failure to Accommodate As to plaintiff’s failure to accommodate claim, the court explained: In order…

Read More Parking Space Reasonable Accommodation (Disability) Claim Survives Summary Judgment
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In Williams v. Rosenblatt Sec. Inc., No. 14-CV-4390 (JGK), 2016 WL 4120654 (S.D.N.Y. July 22, 2016), the court held that plaintiff – a former securities strategist – plausibly alleged various discrimination claims, including a hostile work environment claim based on his perceived mental illness. The court evaluated plaintiff’s claims under the Americans with Disabilities Act,…

Read More Plaintiff Plausibly Alleges Disability Discrimination/Hostile Work Environment Based on Perceived Mental Illness
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In Epstein v. County of Suffolk & Suffolk County Community College, No. 14-CV-0937, 2016 WL 4257349 (E.D.N.Y. Aug. 11, 2016), the court dismissed plaintiff’s claims for, e.g., age discrimination, disability discrimination (failure to provide reasonable accommodation), and hostile work environment. In this post I’ll discuss the court’s evaluation of plaintiff’s failure-to-accommodate-disability and hostile work environment claims.…

Read More Professor’s Hostile Work Environment & Sleep-Related Disability Discrimination Claims Dismissed as Insufficiently Pled
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In Koss v. Strippit, Inc., No. 12-CV-486, 2016 WL 3963204 (W.D.N.Y. July 22, 2016), the U.S. District Court for the Western District of New York upheld the Magistrate Judge’s Report and Recommendation that defendant’s motion for summary judgment be granted and that plaintiff’s gender and disability discrimination claims be dismissed. This decision is instructive on how…

Read More Gender & Disability Discrimination Claims Dismissed; Denial of Training Was Not “Adverse Action” and Reduction-in-Force Termination Was Not Pretext
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