Disability Discrimination

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In Francis v. Wyckoff Heights Med. Ctr., No. 13-cv-2813, 2016 WL 1273235 (E.D.N.Y. Mar. 30, 2016), the court cited and applied the principles that “regular attendance at work is an essential requirement of virtually all employment” and “[t]he [Americans with Disabilities Act] does not require employers to tolerate chronic absenteeism even when attendance problems are caused…

Read More Court Rejects “Increased Sick Days” as a “Reasonable Accommodation”
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In Hinz v. Vill. of Perry, No. 15-2239-CV, 2016 WL 3435265 (2d Cir. June 20, 2016) (Summary Order), the Second Circuit affirmed the judgment of the district court dismissing his claim thta he was subjected to discrimination based on his alleged disability (Chron’s disease) in violation of Title I of the Americans with Disabilities Act.…

Read More 2nd Circuit Affirms Dismissal of Disability Discrimination Claim; Employer Lacked Knowledge of Alleged Disability (Chron’s Disease)
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In Beaton v. Metro. Transp. Auth. New York City Transit, No. 15 CIV. 8056 (ER), 2016 WL 3387301 (S.D.N.Y. June 15, 2016), the court held that plaintiff – who suffered from schizophrenia – successfully pleaded discrimination (termination) and retaliation claims, but failed to sufficiently allege a failure-to-accommodate claim. Plaintiff’s allegations, in sum: Plaintiff alleges that…

Read More Schizophrenic Plaintiff Fired for Sleeping on the Job Plausibly Alleges Disability Discrimination and Retaliation, But Not Failure-to-Accommodate, Claims
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In Tse v. New York University, No. 10-CV-7207 (DAB), 2016 WL 3281045 (S.D.N.Y. June 6, 2016), the court, per SDNY Judge Batts, held that plaintiff’s receipt of long-term disability and social security disability insurance benefits did not preclude her from receiving back pay or front pay as a matter of law, and that those benefits should…

Read More SDNY Holds That Lost Wages Were Not Precluded, and Should Not Be Offset, by Disability Benefits
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In Magnotti v. Crossroads Healthcare Mgmt. LLC, 14-cv-6679, 2016 WL 3080801 (E.D.N.Y. May 27, 2016), the court discusses the circumstances under which an individual may be held liable under the New York State and City Human Rights Laws. In this disability discrimination and retaliation case, plaintiff – a full-time supervising pharmacist – asserts that after…

Read More Court Discusses Individual Liability Under NYS and NYC Human Rights Laws in Disability Discrimination Case
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In Vangas v. Montefiore Med. Ctr., No. 15-1514-CV, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit ruled for defendant on plaintiff’s claims that she was subjected to disability discrimination under the NYS and NYC Human Rights Laws, and that her COBRA notice was defective. In sum, plaintiff alleged that the defendant terminated…

Read More 2nd Circuit Considers NYSHRL Reasonable Accomodation Disability Discrimination; NYCHRL Applicability; COBRA Notice Requirements
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The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a publication, titled “Employer-Provided Leave and the Americans with Disabilities Act“. A reasonable accommodation is, generally, “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” That can include making…

Read More EEOC Discusses Leave as a Reasonable Accommodation Under the Americans With Disabilities Act
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A recent Southern District case, Moore v. Verizon, No. 13-CV-6467 (RJS), 2016 WL 825001 (S.D.N.Y. Feb. 5, 2016), illustrates that the New York City Human Rights Law – while the broadest of the anti-discrimination statutes protecting New York City employees and residents – is not of unlimited breadth. Here, plaintiff (a 62 year-old African American…

Read More Two Age-Related Comments Insufficient to Establish Liability Under the NYC Human Rights Law, Court Holds
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In a recently-filed lawsuit, captioned Mylonas v. Armand Corporation (NY Sup. Ct. NY Cty. Index # 153590/2016), plaintiff asserts claims of disability discrimination under the New York State State and City Human Rights Laws. Plaintiff, a superintendent for the Taft Houses, alleges that he was fired because he took time off from work – after experiencing…

Read More Lawsuit Alleges PTSD Disability Discrimination After Witnessing Fatal Shooting
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In Makinen v. City of New York, No. 111CV07535ALCAJP, 2016 WL 880194 (S.D.N.Y. Mar. 1, 2016), the Southern District of New York upheld a jury verdict, largely in plaintiffs NYPD officers’ favor, that defendants them to discrimination based on their perceived disability (here, alcoholism). In sum, plaintiffs, who denied having issues with alcohol, were separately referred…

Read More Court Upholds Jury Verdict of Discrimination Based on Perceived Disability (Alcoholism)
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