In a federal court complaint captioned Pereyra v. Toys “R” Us Property Co. et al., 15-cv-00048 (SDNY Jan. 6, 2015), plaintiff alleges discrimination on the basis of sex/gender, sexual orientation, national origin, disability, retaliation, and constructive discharge. Plaintiff alleges, among other things, that his supervisor harassed him by calling him a “fag” and saying making…
Read More Discrimination Lawsuit Against Toys “R” UsIn Rodriguez v. City of New York, decided January 23, 2015, the Eastern District of New York held that plaintiff, a NYPD officer, sufficiently alleged a claim for disability discrimination under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff alleges that the…
Read More NYPD Officer Characterized as “Delusional” Plausibly Alleges Disability Discrimination ClaimsIn the case of Vale v. Great Neck Water Pollution Control District, decided January 20, 2015, the Eastern District of New York held that the plaintiff sufficiently alleged various claims – including discrimination, failure to accommodate, and retaliation – under the Americans with Disabilities Act (ADA). Plaintiff alleged that she was subjected to unfair treatment in…
Read More Plaintiff Sufficiently Alleges Employment Discrimination Based on Disability (Broken Wrist)In Idlisan v. Mount Sinai Medical Center (decided January 9, 2015), the Southern District of New York dismissed plaintiff’s claim that he was not hired because of his race, national origin, disability, and conviction history. Title VII In dismissing plaintiff’s Title VII claims, the court – citing Second Circuit precedent for the principle that “feelings and…
Read More Court Reiterates That Mere “Perception” of Discrimination is Insufficient to Survive Summary JudgmentIn Sherman v. County of Suffolk, the Eastern District of New York addressed plaintiff’s discrimination claims under the Americans with Disabilities Act (ADA). The court held that plaintiff presented enough evidence to overcome summary judgment on his ADA discrimination claim: [W]hile the Plaintiff does not point to any direct evidence of discriminatory intent, such as derogatory…
Read More ADA-Based Discrimination and Retaliation, but not Hostile Work Environment, Claims Survive Summary JudgmentIn Lewis v. Blackman Plumbing Supply Co. 51 F. Supp. 3d 289 (SDNY 2014), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s claims that defendants terminated him because of his hip-related disability, failed to accommodate him, and subjected him to a hostile work environment. As to plaintiff’s discriminatory-discharge claim,…
Read More Evidence, Including Derogatory Comments About Plaintiff’s Walk, Was Sufficient to Overcome Summary Judgment on Plaintiff’s Disability Discrimination ClaimsHere is the employment discrimination complaint, filed 12/29/14 in the NY County Supreme Court, against Reem Bridals LLC et al. In it, plaintiff alleges disability discrimination under the New York City Human Rights Law. She alleges that defendant fired her shortly learning of her diagnosis with and hospitalization for a liver tumors, failed to accommodate her…
Read More Liver Tumor Disability Discrimination LawsuitDecember 25, 2014 By Mail S. Claus Chief Executive Officer Claus Manufacturing, Inc. 25 Holiday Lane North Pole, AK 01225 Re: Deere v. Claus Mfg. Confidential and For Settlement Purposes Only Dear Mr. Claus: This law firm has been retained to represent Mr. Rudolph Deere (“Mr. Deere” or “our client”), a current employee of Claus…
Read More Deere v. Claus ManufacturingIn Rivera v. Balter Sales Co. (decided 12/1/14), the Southern District of New York held that plaintiff sufficiently alleged claims for aiding and abetting discriminatory conduct (under the New York State Human Rights Law) and false arrest. What is interesting about this case is that plaintiff sued not only her former employer, but also the…
Read More Fired Plaintiff Sufficiently Alleges “Aiding and Abetting” Claim Arising From Retaliatory ArrestIn Cullen v. Verizon Communications, No. 14-CV-464S, 2014 WL 6627494 (W.D.N.Y. Nov. 21, 2014), the Western District of New York dismissed, under Fed. R. Civ. P. 12(b)(6), plaintiff’s complaint alleging disability discrimination under the Americans with Disabilities Act of 1990 (as amended) (ADA) and the New York State Human Rights Law. Here are the facts,…
Read More Recent Court Decision is Instructive as to the Circumstances Under Which Alcoholism Constitutes a “Disability” Under the Anti-Discrimination Statutes