In Mobley v. Madison Square Garden LP et al, 11-cv-8290 (SDNY March 15, 2013) (J. Batts), the Southern District of New York held that pro basketball player Cuttino Mobley plausibly stated disability discrimination claims under the New York State Human Rights Law and New York City Human Rights Law against various Madison Square Garden entities. …
Read More Cuttino Mobley’s Disability Discrimination Claims SurvivePunctuality is important, and many employers rightly take the position that excessive tardiness can be grounds for discipline, up to and including termination. However, a recent Second Circuit case holds that arriving on time is not necessarily an “essential function” of the job under the Americans with Disabilities Act of 1990 (ADA). Specifically, McMillan v.…
Read More 2nd Circuit: Being On Time Is Not Necessarily an “Essential Function” Of JobIn Brathwaite v. Frankel (decided August 21, 2012), the Appellate Division, First Department unanimously reversed a lower court’s dismissal of plaintiffs’ disability discrimination claims under the New York City Human Rights Law. First, the court held that the trial court improperly treated defendants’ motion, brought under CPLR 3211(a)(7) and (10), as one for summary judgment because it…
Read More First Department Holds That Plaintiffs Adequately Pleaded Disability Discrimination Claim Under the NYC City Human Rights LawOn July 24th, the Second Circuit affirmed the dismissal of plaintiff’s claim that a restaurant violated Title III of the Americans With Disabilities Act by restricting her access, and that of her service dog, to the restaurant and by verbally harassing her. The case, Krist v. Kolombos Restaurant, Inc., No. 11-1263-cv, should give paws –…
Read More Second Circuit Affirms Dismissal of Service Dog Discrimination ClaimsLast Wednesday the U.S. Supreme Court (scroll down for decision) explored the interaction between the laws prohibiting employment discrimination (here, the ADA), on the one hand, and the First Amendment’s command that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”, on the other. The Supreme Court Recognizes…
Read More Supreme Court Recognizes “Ministerial Exception” to Anti-Discrimination LawsIn Hazen v. Hill Betts & Nash, 2012 WL 19388 (Jan. 5, 2012), the Appellate Division (First Dept.) applied the principle “that the New York State Human Rights Law does not immunize disabled employees from discipline or discharge for incidents of misconduct in the workplace”. Attorney Hazen charged hotel rooms, limousines, alcohol, adult movies and…
Read More Bipolar lawyer’s “disability” does not excuse misconductOn November 8, 2011, the United States sued law firm Larkin, Axelrod, Ingrassia & Tetenbaum LLP and partner John Ingrassia under Title III of the Americans with Disabilities Act. Plaintiff alleged that on at least three occasions, the law firm prevented its ADA-disabled client, Lauren Klejmont, from entering the law firm’s premises with her service animal,…
Read More U.S. sues law firm for prohibiting disabled client from entering premises with service dogProskauer Rose LLP’s former CFO Elly Rosenthal yesterday filed suit against the firm, alleging gender, age, and disability discrimination. Here is a copy of the complaint: [scribd id=67772042 key=key-2gyaou2mepsj32nqx8f1 mode=list]
Read More NY labor/employment powerhouse Proskauer Rose sued for employment discriminationThe EEOC recently issued its final regulations pertaining to the Americans With Disabilities Act Amendments Act of 2008. These new regulations significantly modify the existing legal landscape relating to the law of disability discrimination. They include nine “rules of construction” derived from the statute or its legislative history, many of which relate to whether a…
Read More EEOC Issues New Regulations Regarding the ADA Amendments Act of 2008