New York is a city of ambition, hustle, and incredible opportunity. But for some, the daily grind is made unbearable by a different kind of challenge: workplace bullying. While it’s a pervasive issue across the country, New York’s unique legal landscape offers both hurdles and pathways for those who are targeted. So, what exactly is…
Read More Workplace Bullying in New YorkIn Nazath v Our Lady of Consolation Nursing & Rehabilitative Care Center, No. 2023-06250, 615567/22, 2025 N.Y. Slip Op. 04796, 2025 WL 2458592 (App. Div. 2 Dept. Aug. 27, 2025), the Appellate Division, Second Department affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation in violation of…
Read More Perceived-Disability Discrimination & Retaliation Claims Survive Dismissal, 2nd Dept. HoldsIn Guarniero v City of Yonkers, No. 2023-11290, 58292/21, 2025 N.Y. Slip Op. 04554, 2025 WL 2233306 (N.Y.A.D. 2 Dept., Aug. 06, 2025), the New York Appellate Division, Second Department held that plaintiff presented sufficient evidence of failure to accommodate his disability under the New York State Human Rights Law. From the decision: NYSHRL prohibits…
Read More Failure to Accommodate Disability Claim Against City of Yonkers Survives Summary JudgmentIn Brunette v. Bausch Health US, LLC, Case # 22-CV-6376-FPG-CDH, 2025 WL 2240477 (W.D.N.Y. Aug. 2025), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of age- and disability-based hostile work environment. This decision illustrates the well-established point, integral to employment law, that generally unpleasant conduct – such as being micromanaged, reprimanded, etc.…
Read More Age and Disability-Based Hostile Work Environment Claims DismissedIn Stanley v. City of Sanford, Fla., 2025 WL 1716138 (U.S. June 20, 2025), the U.S. Supreme Court interpreted the Americans with Disabilities Act (ADA) and addressed the question of whether that statute “reaches discrimination against retirees who neither hold nor desire a job whose essential tasks they can perform with reasonable accommodation.” The Court…
Read More Supreme Court: Retiree’s ADA Disability Discrimination Claim Properly DismissedIn Kukreja v. Scientific Systems Company et al, 24-CV-1364 (SFR), 2025 WL 1549071 (D.Conn. May 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he incurred injuries while on a work trip, and that (for…
Read More Citing Timely Termination, Court Denies Motion to Dismiss Disability-Based Hostile Work Environment ClaimsIn Troche v. New York City Transit Authority, No. 156731/2024, 2025 WL 1542341 (N.Y. Sup Ct, New York County May 29, 2025), the court granted defendant’s motion to dismiss plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. In sum, plaintiff alleged that the defendant committed discrimination by refusing to…
Read More Failure to Plead Known Disability Requiring Accommodation Dooms Discrimination Claims Against NYC Transit AuthorityIn Huaman v. United Airlines, Inc., No. 160784/2023, 2025 WL 1158984 (N.Y. Sup Ct, New York County Apr. 21, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint asserting employment discrimination under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss pursuant to CPLR 3211(a)(7)…
Read More Motion to Dismiss NYSHRL & NYCHRL Discrimination Claims Denied; “Impact” Test SatisfiedIn Fisher v. N-Stock Box, Inc., Case No. 1:23-cv-15, 2025 WL 1141842 (S.D.Ohio April 16, 2025), an employment discrimination case, the court granted defendant’s motion for judgment on the pleadings as to plaintiff’s hostile work environment claims, on the ground that plaintiff did not exhaust his administrative remedies at the U.S. Equal Employment Opportunity Commission…
Read More Hostile Work Environment Claims Dismissed Due to Failure to Exhaust Administrative RemediesIn Khurana v. City of New York, No. 152921/2024, 2025 WL 1085410 (N.Y. Sup Ct, New York County Apr. 10, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination under the New York City Human Rights Law (NYCHRL). From the decision: To state a claim of disability discrimination under…
Read More NYCHRL Disability Discrimination Claim Survives Dismissal; Denial of Overtime, Promotion Was Sufficiently Disadvantageous