Disability Discrimination

by

In O’Brien v. NYC Civil Service Comm’n, the court granted an Article 78 petition annulling the determination of the New York City Civil Service Commission confirming the NYPD’s decision finding the petitioner – who has a history of multiple sclerosis – medically disqualified from appointment as a NYPD police officer. Notably, NYPD did not physically examine the…

Read More Court Overturns NYPD Disqualification Due to History of Multiple Sclerosis
Share This:
by

In Hefti v. Brand Union, Inc. (a wrongful termination lawsuit), decided July 2, 2014, the New York Supreme Court denied defendant’s motion to dismiss plaintiff’s complaint for failure to state a claim. Plaintiff alleged that she was subjected to discrimination based on her disability (clinical depression and bipolar disorder), including by forcing her to disclosing personal…

Read More Court Rejects Defendant’s Reliance on “After-Acquired Evidence” Doctrine
Share This:
by

In a recently-filed complaint, five plaintiffs allege that they were subject to discrimination and a hostile work environment based on their race and disabilities while employed by Levy Premium Foodservice Limited Partnership, which provides food and catering services for Brooklyn Events Center, d/b/a Barclays Center. Plaintiffs (who are black) allege that defendants subjected plaintiffs to…

Read More Lawsuit Alleging Race and Disability Discrimination Against Barclays Center
Share This:
by

The sudden and tragic suicide of Robin Williams has reinvigorated a national discussion about depression and related conditions. What you may not know is that depression sufferers have legal protections in the workplace, specifically if they are treated unfairly because of their medical condition. Various laws – including the Americans with Disabilities Act of 1990…

Read More Depression as a “Disability” Under the Anti-Discrimination Laws
Share This:
by

In Dorgan v. Suffolk County Community College, 12-cv-0330 (EDNY Aug. 4, 2014), the Eastern District of New York granted defendants summary judgment on plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). Plaintiff, who was diagnosed with bipolar II disorder, alleged that defendants subjected her to discrimination and terminated her based on…

Read More Decision: Bipolar Plaintiff’s Disability Discrimination Case Dismissed
Share This:
by

Goonan v. Federal Reserve Bank of New York, decided July 22, 2014, illustrates an employer’s obligation to reasonably accommodate employees with known disabilities and to engage in an “interactive process” to determine what accommodation(s) are appropriate. Plaintiff, who worked for the Federal Reserve Bank of New York for 25 years, suffers from Post-Traumatic Stress Disorder…

Read More 9/11-Related PTSD Disability Discrimination Case Continues
Share This:
by

In Lyman v. New York and Presbyterian Hospital, decided July 14, 2014, the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s disability discrimination and retaliation claims. This decision illustrates that “[b]ecause direct evidence of an employer’s discriminatory intent will rarely be found, affidavits and depositions must be carefully scrutinized for circumstantial…

Read More “Problem” Employee Presents Enough Evidence of Disability Discrimination to Survive Summary Judgment
Share This:
by

The New York State and City Human Rights Laws are powerful weapons in the civil rights plaintiff’s arsenal. For example, they reach a broader range of people, and offer broader coverage, than their federal counterparts. However, as illusratd by a recent First Department decision, Benham v. eCommission Solutions (decided June 24, 2014), they are limited…

Read More Citing Geographical Limitations of NY State and City Human Rights Laws, First Department Dismisses Plaintiff’s Employment Discrimination Complaint
Share This:
by

In Petrone v. Hampton Bays Union Free School District (Summary Order dated May 28, 2014), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim. This case illustrates that, in order to succeed on a federal disability discrimination claim – whether based on an “adverse action” or “failure to accommodate” theory – an employee must identify an…

Read More Teacher With Mental Illness Loses Disability Discrimination Case, Where Requested Accommodation (Unpaid Leave) Was Not “Reasonable” Absent Assurance of Return
Share This:
by

In Morse v. JetBlue Airways Corp. decided June 9, 2014, the Eastern District of New York held that plaintiff’s receipt of Long Term Disability and Social Security Disability benefits precluded her from receiving back pay and front pay under the Americans With Disabilities Act and the New York State and City Human Rights Laws. (This decision addressed…

Read More Receipt of SSDI Benefits Precludes Disability Discrimination Plaintiff From Seeking Back Pay or Front Pay
Share This: