Disability Discrimination

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In Brouillard v Sunrun, No. 2020-03610, 518516/19, 2023 N.Y. Slip Op. 04184, 2023 WL 5063992 (N.Y.A.D. 2 Dept., Aug. 09, 2023), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claim of disability discrimination in violation of the New York City Human Rights Law. The court summarized the facts as follows:…

Read More Job Offer Rescission Following Positive Marijuana Test Stated Claim Under NYC, But Not NYS, Disability Discrimination Law
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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision: As noted, Defendant argues that Plaintiff has failed to plausibly allege that the discrimination…

Read More Teacher’s ADA Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Felix v. New York City Department of Education, 21 Civ. 6109 (LGS), 2023 WL 4706097 (S.D.N.Y. July 24, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim in violation of the Americans with Disabilities Act (ADA). Plaintiff alleged that the defendant subjected her to a hostile…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Against NYC Dept. of Education
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In Simmons v. Village Plumbing & Heating NY Inc., No. 652787/2022, 2023 WL 4323562, 2023 N.Y. Slip Op. 32203(U) (N.Y. Sup Ct, New York County June 16, 2023), the court, inter alia, held that plaintiff sufficiently alleged disability discrimination under the New York State and City Human Rights Laws. From the decision: Defendants insist that…

Read More Disability Discrimination Claims Sufficiently Alleged; Return to Work Day After Injury Not Dispositive
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In Pesantez v. The City of New York, No. 154734/2022, 2023 WL 4401359 (N.Y. Sup Ct, New York County July 07, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment claim (in part). From the decision: Plaintiff has not sufficiently plead all of his hostile work environment claims under the…

Read More Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Collins v. Board of Cnty. Commissioners of Nowata Cnty., 2023 WL 3854085 (N.D.Okla. June 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. Here, the alleged disability was plaintiff’s loss of his left hand in a childhood accident. In…

Read More “Cripple”, Other Comments Insufficient to Plausibly Allege Disability-Based Hostile Work Environment
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In Hanafy v. Hill International, Inc., No. 22-878, 2023 WL 3010176 (E.D.Pa. April 19, 2023), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans With Disabilities Act (ADA). After summarizing the black-letter law applicable to this claim, the court applied it to the facts: Plaintiff has not demonstrated he endured…

Read More Disability (Heart Condition)-Related Hostile Work Environment Claim Dismissed
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In Degefu v. Department of Veterans Affairs et al, Civil Action No. 20-cv-3548 (BAH), 2023 WL 2707494 (D.D.C. March 30, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: The record before this Court suffices to meet the standard that a reasonable juror could…

Read More Hostile Work Environment Claim Survives Summary Judgment; Alleged Abusive Treatment Followed Accommodation Request
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In Matthews v. New Light, Inc., Civil Action No. 22-427, 2022 WL 11966542 (W.D.Pa. October 20, 2022), the court, inter alia, dismissed plaintiff’s discrimination claim asserted under the Americans with Disabilities Act, on the ground that plaintiff’s claimed medical condition, pregnancy, is not a “disability” within the meaning of that statute. From the decision: Here,…

Read More Court Dismisses ADA Discrimination Claim; Uncomplicated Pregnancy Was Not a “Disability” Under the Statute
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In Steinberg v. Vidal, No. 22-CV-04971 (JMA) (AYS), 2022 WL 16744932 (E.D.N.Y. Nov. 7, 2022), the court denied plaintiff’s motion to amend his complaint to assert a claim against the defendant – the Director of the United States Patent and Trademark Office – under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.…

Read More ADA Disability Discrimination Claim Against Government Agency
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