Disability Discrimination

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Here is plaintiff Ivana Hidalgo’s disability discrimination complaint, captioned Hidalgo v. B&B Hospitality Group LLC (SDNY 13-cv-6402 filed 9/12/13) against B&B Hospitality Group LLC and others. Plaintiff claims that defendants violated the Americans with Disabilities Act and the New York State Human Rights Law by failing to reasonably accommodate her disability – an inequality in the lengths of her…

Read More Disability Discrimination Suit by Uneven-Legged Plaintiff Against Mario Batali-Owned Company
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In Garrett v. City of New York, the New York Supreme Court (NY County) recently granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case illustrates the extent to which illness-related absences from work may constitute a “reasonable accommodation”. Plaintiff alleged that…

Read More Absences and Failure to File Notice of Claim Doom Disability Discrimination Suit Against City of New York
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In Romanello v. Intesa Sanpaolo, S.p.A., decided Oct. 10, 2013, the New York Court of Appeals (the state’s highest court) reinstated plaintiff’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) but held that plaintiff’s claim under the New York State Human Rights Law (NYSHRL) was properly dismissed. In doing so, it highlighted crucial…

Read More Plaintiff Suffering From Depression Adequately Stated Disability Discrimination Claim Under New York City Human Rights Law
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The Northern District of New York recently held, in Wilkie v. The Golub Corp., that a diabetic truck driver (1) failed to exhaust his administrative remedies, and (2) was not a “qualified individual with a disability” under the Americans with Disabilities Act. A physician responsible for performing Department of Transportation (DOT) physicals for truck drivers…

Read More Court Dismisses Diabetic Truck Driver’s Disability Discrimination Claims
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Today, in Kreisler v. Second Avenue Diner Corp., the Second Circuit made new law regarding the rights of disabled persons to be free from discrimination in connection with their use and enjoyment of public facilities. Plaintiff-Appellee Todd Kreisler is a wheelchair-bound man suffering from cerebral palsy, arthritis, and asthma. He passed by defendants’ restaurant (d/b/a Plaza…

Read More Wheelchair-Bound Prospective Diner Patron Entitled to ADA Relief
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The Southern District of New York recently decided Nelson v. City of New York, which it characterized as an atypical disability discrimination case that “raises several questions about the outer limits of federal disability law.” The court denied defendants’ motion for summary judgment (in part) with respect to plaintiff’s claims under (among other laws) the…

Read More NYPD Officer Can Continue Disability Discrimination Claims Against Defendants; No Showing That She Was a “Direct Threat” And Hence Unqualified
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Below is the complaint recently filed by plaintiff John Gorman against Coviden Sales, LLC and Dale Kelly. Plaintiff alleges that he was treated unfairly and subjected to discrimination based on his disability, namely, Post-Traumatic Stress Disorder (PTSD). Specifically, plaintiff claims that after telling defendant Kelly that he is a Navy Veteran who served in Operation Desert Storm and…

Read More PTSD Disability Discrimination Lawsuit
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In Najjar v. Mirecki, 11-cv-5138 (SDNY July 2, 2013), the Southern District of New York held that a pro se plaintiff raised a triable issue of fact as to various claims of discrimination. This case illustrates the difference between the heightened “but for” and lessened “mixed motive” causation standards, as well as the differences between the…

Read More Age/Disability Discrimination Case Illustrates Difference Between “But For” and “Mixed Motive” Causation Standards
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In Krause v. Lancer & Loader Group LLC, 40 Misc.3d 385 (Sup. Ct. NY Cty. May 1, 2013), the court confirms that both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) recognize claims of pregnancy discrimination, and that she stated such a claim under both laws.…

Read More Plaintiff States Claim for Pregnancy Discrimination Under the New York State and City Human Rights Laws
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In Lewis v Health and Hospitals Corp, 11-cv-0099, 2013 WL 2351798 (SDNY May 30, 2013), the court held that pursuing, and losing, discrimination claims at the state administrative level barred a subsequent federal action. There, plaintiff initially filed a verified complaint with the New York State Division of Human Rights (SDHR) charging defendants with disability discrimination…

Read More Election of Remedies Results in Dismissal of Federal Complaint
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