Disability Discrimination

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In Anderson v. HotelsAB, LLC, No. 15CV712-LTS-JLC, 2015 WL 5008771 (S.D.N.Y. Aug. 24, 2015), plaintiff alleged that defendants discriminated against her in violation of the New York City Human Rights Law (NYCHRL) by refusing to hire her because of her relationship with her disabled son. This decision addresses the geographical reach of the NYCHRL. The facts, briefly:…

Read More Court Addresses Geographical Reach of NYC Human Rights Law in Associational Disability Discrimination Lawsuit
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In a recent complaint captioned Donahue v. Asia TV USA Ltd., SDNY 15-cv-06490 (filed 8/18/15), plaintiff (a 58 year-old American man) alleges discrimination on the basis of his national origin, age, and disability. As to his anti-American bias claim, the complaint refers to testimony “that [defendant’s] Indian management said that Americans were ‘fat, lazy, dying,…

Read More Lawsuit Alleges Anti-American Bias at Asia TV
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In Matter of Castillo v. Schriro (N.Y. Sup. Ct. N.Y. Cty. July 17, 2015), Judge Ling-Cohan granted the Article 78 petition filed by terminated probationary corrections officer, who alleged that she was discriminated against under the NYC Human Rights Law due to her disability and domestic violence victim status. From the decision: [R]espondents having been noticed…

Read More Court Orders Reinstatement of Corrections Officer Subject to Discrimination Because of Disability and Domestic Violence Victim Status
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The Americans with Disabilities Act was signed into law on July 26, 1990. The ADA offers protections against disability discrimination in, for example, the workplace (Title I, V) and places of public accommodation (Title III). Title I of the ADA provides the following general rule: No covered entity shall discriminate against a qualified individual on the…

Read More Americans With Disabilities Act: 25 Years Later
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In Duckett v New York Presbyt. Hosp., 2015 NY Slip Op 05769 (App. Div. 1st Dept. July 2, 2015), the court affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim. The court held: Issues of fact exist as to whether the hospital unlawfully terminated petitioner’s employment because of her disability. There…

Read More Disability (Mental Illness) Discrimination Claim Against Hospital Survives Dismissal
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A recent state appellate decision, Cohen v. State of New York (App. Div. 2nd Dept. June 17, 2015), explains an employer’s duties regarding a requested accommodation for a disability under the New York State Human Rights Law. In Cohen, the Appellate Division, Second Department reversed the lower court’s grant of summary judgment to defendant on plaintiff’s…

Read More Rejection of Accommodation Request Results in Reversal of Summary Judgment for Defendant in Disability Discrimination Case
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In Casablanca v New York Times Co., 47 Misc 3d 1215(A), 2015 NY Slip Op 50629(U) (N.Y. Sup. Ct. N.Y. Cty. April 17, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s employment discrimination claims. This case underscores the necessity in an employment discrimination case of establishing a link between a protected characteristic…

Read More Court Dismisses Disability Discrimination Claim, Rejecting “Smoking Gun” Email
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In a lawsuit filed on May 6, 2015 in the Supreme Court of the State of New York and captioned Hayblum v. Life Alert Emergency Response, Inc. et al, plaintiff alleges that his former employer – the company known for its “Help, I’ve fallen and I can’t get up!” advertisements – subjected him to employment…

Read More Employment Discrimination Lawsuit Against the “I’ve Fallen and I Can’t Get Up” Company
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In Cooney v. City of New York Dept. of Sanitation, 2015 NY Slip Op 03465 (App. Div. 1st Dept. Apr. 28, 2015), the Appellate Division, First Department reversed a lower court decision to dismiss plaintiff’s failure-to-hire disability discrimination claims for failure to state causes of action under the New York State and New York City Human…

Read More Psoriasis-Suffering Plaintiff Suffiiently Pleads Disability Discrimination
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In Gewirtz v. New York City Dept. of Educ., 2015 NY Slip Op 50713(U) (NY Sup. Qns. Cty. May 4, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination (failure to accommodate) and retaliation claims under the New York State Human Rights Law (SHRL) and New York City Human Rights Law (CHRL).…

Read More Teacher’s Disability Discrimination (Failure to Accommodate) and Retaliation Claims Continue
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