Disability Discrimination

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In Moscato v. City of New York, No. 157923/2023, 2024 WL 4277258 (N.Y. Sup Ct, New York County Sep. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a disability-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: To state a claim…

Read More Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Burgess v. The New School University et al, 23-cv-4944 (JGK), 2024 WL 4149240 (S.D.N.Y. Sept. 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s failure-to-accommodate-disability claim asserted under the Americans with Disabilities Act (ADA). From the decision: Burgess next alleges that the defendants violated the ADA by failing to accommodate Burgess’s…

Read More Professor’s ADA Failure-to-Accommodate-Disability Claim Survives Dismissal
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In Wright v. City of New York et al, 23 Civ. 3149 (KPF), 2024 WL 3952722 (S.D.N.Y. August 27, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Retaliation Claims, Arising From Conduct Following Return to In-Person Work, Sufficiently Alleged
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
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In Veras v. City of New York, No. 159560/2023, 2024 WL 3522161 (N.Y. Sup Ct, New York County July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York City Human Rights Law. In sum, plaintiff – an NYPD employee – alleges that after…

Read More Disability Discrimination Claim Survives Dismissal; Allegations Include Threatening and Demeaning Comments
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In Minor v Essence Ventures, LLC, No. 533765/2023, 2024 N.Y. Slip Op. 50758(U), 2024 WL 3212243 (NY Sup Ct Kings Cty, June 23, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claim asserted under the New York State Human Rights Law. This decision is instructive as to how courts assess the sufficiency…

Read More NYSHRL Disability Discrimination Claim Survives Dismissal; Inference Supported by Termination 8 Days After Disclosure of Disability
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In Nelson v. WW Intern., Inc., No. 155745/2020, 2024 WL 32208823 (N.Y. Sup Ct, New York County June 28, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim asserted under the New York City Human Rights Law. From the decision: A plaintiff may prove a disability discrimination claim…

Read More Disability Discrimination Claim Survives Summary Judgment
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In David v. The City of New York, No. 156939/2023, 2024 WL 3070011 (N.Y. Sup Ct, New York County June 20, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability claim asserted under the New York City Human Rights Law. From the decision: Here, Plaintiff has sufficiently alleged that, as a uniformed officer…

Read More NYPD Officer Sufficiently Alleges Failure-to-Accommodate Disability Discrimination Claim, Court Holds
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In Tohidi v. City of Reading Police Department, No. 5:24-cv-0591, 2024 WL 3015514 (E.D.Pa. June 13, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). From the decision: The City asserts that Counts I and V (disability discrimination) should be dismissed…

Read More Disability Discrimination Claim Asserted by Plaintiff With Tourette’s Syndrome, Survives Dismissal
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In Sharikov v. Philips Medical Systems MR, Inc., Docket No. 23-407-cv, 2024 WL 2820927 (2d Cir. June 4, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s claim of disability discrimination asserted under the Americans With Disabilities Act (ADA). In sum, in this case the plaintiff alleges…

Read More 2d Circuit Affirms Dismissal of COVID-19 Related ADA “Regarded As” Disabled Claim
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