Failure to Accommodate Disability

by

In Tudor v. Whitehall Central School District, 2025 WL 898898 (2d Cir. March 25, 2025), the U.S. Court of Appeals for the Second Circuit – addressing a matter of first impression – vacated a lower court award of summary judgment dismissing plaintiff’s “failure to accommodate” claim under the Americans with Disabilities Act (ADA), finding that…

Read More Second Circuit Interprets Americans With Disabilities Act’s “Reasonable Accommodation” Decision
Share This:
by

In Gil-Frederick v. The City of New York, No. 155628/2023, 2025 WL 804677 (N.Y. Sup Ct, New York County Mar. 13, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. From the decision: Under the NYSHRL it is unlawful for…

Read More Disability Discrimination Claims Survive Dismissal; “Blanket Denials” Minutes After Accommodation Request Failed to Satisfy “Interactive Process”
Share This:
by

In Balchan v. New York City Housing Authority, 21-cv-10326 (JGK), 2025 WL 588021 (S.D.N.Y. Feb. 24, 2025), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s failure-to-accommodate claims under the Americans with Disabilities Act (ADA). This decision illustrates the application of the principle that a “failure to accommodation” claim is not viable…

Read More ADA Failure-to-Accommodate Claim Dismissed; Fieldwork Was an “Essential Function” Eliminated by Proposed “Remote Work” Accommodation
Share This:
by

In Montes v. City of New York, No. 158272/2023, 2025 WL 290440 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: “Under [NYCHRL], it is unlawful to retaliate against an employee…

Read More Retaliation Claim Sufficiently Alleged; Threats of Termination Followed Request for Disability Accommodation
Share This:
by

In Acosta v. Kennedy Children’s Center, 24 Civ. 3358, 2025 WL 70141 (S.D.N.Y. Jan. 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). From…

Read More PTSD-Related Disability Discrimination Claims Sufficiently Alleged, Court Holds
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

In Thomas v. City of New York, No. 159891/2022, 2024 WL 2274935 (N.Y. Sup Ct, New York County May 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: The City next moves to dismiss Plaintiff’s second…

Read More NYPD Officer Sufficiently Alleges Disability-Based Hostile Work Environment Under the NYC Human Rights Law
Share This:
by

In Amendola v. The City of New York, No. 501349/2023, 2024 WL 2155155 (N.Y. Sup Ct, Kings County May 13, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability discrimination claim. From the decision: Plaintiff has sufficiently pleaded that defendants failed to accommodate her disability under the City HRL. The Amended Complaint adequately…

Read More NYPD Officer Sufficiently Alleges Failure to Accommodate Disability Under the NYC Human Rights Law
Share This: