Disability Discrimination

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In a recent decision, Cummings v. Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (U.S. April 28, 2022), the U.S. Supreme Court held that emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (ACA), which Congress enacted under the Constitution’s “Spending Clause” (U.S. Constitution, Article…

Read More SCOTUS: Emotional Distress Damages Unavailable Under “Spending Clause” Antidiscrimination Laws
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In Errickson v. Lakeland Regional Medical Center, Inc., 8:22-cv-533-VMC-CPT, 2022 WL 1487588 (M.D.Fla. May 11, 2022), the court dismissed plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. After summarizing the “black letter” law, the court applied it to the facts: Although the issue of whether harassment was severe and pervasive…

Read More “Unpleasant” Conduct Nevertheless Insufficient to Give Rise to a Plausible ADA Hostile Work Environment Claim, Court Holds
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In Ibela v. Allied Universal, 2022 WL 1418886 (2d Cir. May 5, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s claim of retaliation asserted under the Americans with Disabilities Act. After affirming the dismissal of plaintiff’s discrimination claim (on the ground that plaintiff “did not allege…

Read More ADA Retaliation Claim Dismissal Vacated; Seeking a Reasonable Accommodation For Bipolar Disorder Was a “Protected Activity”
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In Armijo v. Costco Wholesale Warehouse, Inc., No. 19-00484-ACK-RT, 2022 WL 1267254 (D.Hawai’i April 28, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s disability-based hostile work environment claim. The court summarized the pertinent law as follows: A hostile work environment claim relies on a series of separate acts that collectively…

Read More Disability-Based Hostile Work Environment Claim Dismissed Against Costco
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In Shiber v. Centerview Partners LLC, 21 Civ. 3649, 2022 WL 1173433 (S.D.N.Y. April 20, 2022), the court dismissed plaintiff’s disability discrimination claims asserted under the New York State and New York City Human Rights Laws. This decision is instructive as to how courts apply those statutes’ geographic (“impact”) test in the increasingly-prevalent factual context…

Read More NYCHRL Disability Discrimination Claim Dismissed; Geographic “Impact” Requirement Not Satisfied
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A recent case, Davis v. Arcelormittal USA, LLC, 18-cv-318 (N.D. Ind. April 15, 2022), is instructive on the “exhaustion of administrative remedies” principle of federal employment discrimination law. Here (in sum) plaintiff submitted a Charge of Discrimination to the Equal Employment Opportunity Commission (EEOC), in which she asserted of disability discrimination and failure to accommodate disability…

Read More Disability-Based Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at EEOC
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In White v. Aldridge Electric, Inc., 21-cv-01872, 2022 WL 1003765 (E.D.Pa. April 4, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he was treated differently, and fired, because of his medical conditions (chronic pain…

Read More Disability Discrimination Claim Dismissed; “Piece of Shit” Comment Was “Neutral”
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In Tillman v. NYC Human Resources Administration, 2022 WL 874947 (S.D.N.Y. March 24, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. After assuming (without explicitly deciding) that hostile work environment claims are cognizable under the…

Read More Title VII, ADA Hostile Work Environment Claims Dismissed; “Scattered” Allegations of Events Over Four Years Insufficient
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In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim that defendant failed to engage in a cooperative dialogue, pertaining to an alleged disability, in violation of the New York City Human…

Read More Failure to Plead “Disability” Dooms “Cooperative Dialogue” Claim Under NYC Human Rights Law
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In Basso v. Willow Run Foods, Inc., No. 3:21-cv-00811, 2022 WL 35927 (N.D.N.Y. Jan. 03, 2022), the court, inter alia, held that plaintiff sufficiently alleged disability discrimination under the Americans with Disabilities Act (ADA). From the decision: Willow Run’s first assertion, that Basso fails to allege an adverse employment action, is simply incorrect. Plaintiff clearly…

Read More Crohn’s Disease Suffering Plaintiff Sufficiently Alleges ADA Disability Discrimination Claim, Court Holds
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