Disability Discrimination

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In Handler v. Dutchess County Community College, 2024 WL 343091 (S.D.N.Y. Jan. 30, 2024), the court granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act. In sum, plaintiff, who suffers from Tourette’s Syndrome, taught photography courses at defendant. He retired early, following allegations of sexual…

Read More Court Dismisses Tourette’s-Suffering College Instructor’s ADA Discrimination Claim
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In Olson v. Takeda Pharmaceuticals America, Inc. et al, Case No. 8:23-cv-590-TPB-CPT, 2024 WL 245978 (M.D.Fla. Jan. 23, 2024), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. From the decision: It is true…

Read More Title VII Race Discrimination Claim Survives Dismissal; Discovery Required to Determine Viability of Plaintiff’s Proffered Comparator
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In Belvin v. Electchester Management, LLC, 17-CV-6303 (NGG) (PK), 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim, based on the “adverse action” of denying plaintiff his Christmas bonus. From the decision: Mr. Mayers has adduced sufficient evidence from which a juror…

Read More Disability Discrimination Claim, Arising From Withholding of Christmas Bonus, Survives Summary Judgment
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In Joy Stewart Acala v. Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., No. 2021-05330, 617543/19, 2023 WL 8608819 (N.Y.A.D. 2 Dept., Dec. 13, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s claims for employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: “A plaintiff alleging…

Read More National Origin, Disability Discrimination Claims Properly Dismissed, Court Holds; Non-Time-Barred Claims Insufficient to Allege Claims Under NYS and NYC Human Rights Laws
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In Perez v Y & M Transportation Corporation, No. 2021-02890, 518884/20, 2023 N.Y. Slip Op. 04675, 2023 WL 6134310 (N.Y.A.D. 2 Dept., Sep. 20, 2023), the Appellate Division, Second Department affirmed the denial of defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims in violation of the New York City Human Rights…

Read More Race, Perceived Disability Discrimination Claims Sufficiently Alleged Under NYC Human Rights Law
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In Safyan v. The Dept. of Educ. of the City of New York, No. 500312/2023, 2023 WL 5957086 (N.Y. Sup Ct, Kings County Sep. 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race-based discrimination, retaliation, and hostile work environment asserted under the New York State and City Human Rights…

Read More Race Discrimination, Retaliation, Hostile Work Environment, and Failure to Accommodate Disability Claims Against NYC DOE Survive Dismissal
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In a recent decision, Anderson v. KAR Global, 2023 WL 5493754 (8th Cir. Aug. 25, 2023), the U.S. Court of Appeals for the Eighth Circuit reversed a lower court’s dismissal of plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. In evaluating plaintiff’s claim, the court applied the familiar McDonnell Douglas burden-shifting framework. Under this…

Read More Disability Discrimination (Termination) Claim Improperly Dismissed on Summary Judgment, 8th Circuit Holds
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In Ayende v. The City of New York, No. 153423/2022, 2023 WL 5531761, 2023 N.Y. Slip Op. 32970(U) (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims. From the decision: Plaintiff must state a prima facie cause of action for employment discrimination…

Read More Disability Discrimination Claims Sufficiently Alleged Against the City of New York
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In Wolfe-Santos v. NYS Gaming Com’n, No. 160963-2016, 2023 WL 5431870 (N.Y. Sup Ct, New York County Aug. 22, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims. From the decision: Here, assuming arguendo that defendants met their burden and established that they did not discriminate against plaintiff…

Read More Disability Discrimination Claims Survive Summary Judgment Against NYS Gaming Commission
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In Caputo v. Iesi NY Corp., No. 150594/2018, 2023 WL 5167701 (N.Y. Sup Ct, New York County Aug. 11, 2023), the court held that summary judgment was inappropriate on plaintiff’s claims of discrimination and retaliation. From the decision: Here, issues of fact preclude summary judgment on all claims related to discrimination and retaliation. Plaintiff and…

Read More Summary Judgment on Disability Discrimination, Retaliation Claims Not Warranted in Light of Conflicting Interpretations of Evidence
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