Disability Discrimination

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In Gates v. City of New York et al, 20 Civ. 3186, 2021 WL 3774189 (S.D.N.Y. Aug. 25, 2021), the court, inter alia, dismissed plaintiff’s claim of disability discrimination under the Americans With Disabilities Act. Plaintiff alleged that defendants discriminated against him on the basis of his perceived disability, namely, “depression/suicidal.” After outlining the “black…

Read More Court Dismisses NYPD Officer’s “Regarded As” Disability Discrimination Claim
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In Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the New York City Human Rights Law. The court reached this conclusion after determining that plaintiff did not sufficiently allege claims under federal law (the…

Read More Disability-Based “Ridicule” at Meeting Sufficient to State Discrimination Under NY City, but Not Federal and NY State, Law
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In Ibela v. Allied Universal, 20-cv-3800, 2021 WL 3077482 (S.D.N.Y. July 20, 2021), the court held that plaintiff’s failure to specify his “disability” was a fatal pleading defect, resulting in the dismissal of his complaint alleging disability discrimination under the Americans with Disabilities Act. From the decision: In his Amended Complaint, Plaintiff never specified what…

Read More Failure to Specify Disability Results in Dismissal of ADA Discrimination Complaint
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for discrimination under…

Read More Employment Discrimination Claim Stated Under NYC Human Rights Law Against NYC Health & Hospitals Corp.
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In Hamilton v. Westchester County et al, No. 20-1058-pr, 2021 WL 2671311 (2d Cir. June 30, 2021), a case brought by an inmate and arising under Title II of the Americans with Disabilities Act (relating to public services, programs, and activities), the Second Circuit held that the term “disability” within the meaning of the ADA…

Read More “Temporary” Injuries May Constitute “Disabilities” Under the Americans With Disabilities Act, Court Holds
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In Zelasko v. NYC Department of Education, No. 20-CV-5316, 2021 WL 2635121 (E.D.N.Y. June 25, 2021), the court dismissed plaintiff’s claim of disability discrimination. From the decision: In this case, the complaint does not allege facts suggesting that plaintiff is disabled within the meaning of the ADA or that she was perceived to be so…

Read More Disability Discrimination Claim Dismissed; Plaintiff’s “Concussion” Was Not an ADA “Disability”; Adverse Action Too Long After Injury
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In Bernheim v. New York City Department of Education et al, 2021 WL 2619706 (S.D.N.Y. June 25, 2021), the court, inter alia, recommended the dismissal of plaintiff’s age- and disability-based hostile work environment claims asserted under the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the New York State Human Rights Law.…

Read More Teacher’s Hostile Work Environment Claims Dismissed
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In Polite v. Marquis Marriot Hotel et al, No. 509830/15, 2021 N.Y. Slip Op. 04046, 2021 WL 2558121 (N.Y.A.D. 2 Dept. June 23, 2021), the court affirmed the dismissal of plaintiff’s employment discrimination, unlawful retaliation, and hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision is instructive…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against Marquis Marriot Hotel
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In Argoti v. Equinox Holdings, Inc., No. 152903/2019, 2021 WL 2480058 (N.Y. Sup Ct, New York County June 17, 2021) – an employment discrimination / hostile work environment case –  the court, inter alia, denied defendants’ motion to compel information regarding plaintiff’s medical treatment, which they contend was relevant to plaintiff’s claim for emotional distress…

Read More Hostile Work Environment Plaintiff May Refrain, For Now, From Producing Medical Discovery Relating to Emotional Distress Damages
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
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