Failure to Accommodate Disability

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In Guarniero v City of Yonkers, No. 2023-11290, 58292/21, 2025 N.Y. Slip Op. 04554, 2025 WL 2233306 (N.Y.A.D. 2 Dept., Aug. 06, 2025), the New York Appellate Division, Second Department held that plaintiff presented sufficient evidence of failure to accommodate his disability under the New York State Human Rights Law. From the decision: NYSHRL prohibits…

Read More Failure to Accommodate Disability Claim Against City of Yonkers Survives Summary Judgment
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In Troche v. New York City Transit Authority, No. 156731/2024, 2025 WL 1542341 (N.Y. Sup Ct, New York County May 29, 2025), the court granted defendant’s motion to dismiss plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. In sum, plaintiff alleged that the defendant committed discrimination by refusing to…

Read More Failure to Plead Known Disability Requiring Accommodation Dooms Discrimination Claims Against NYC Transit Authority
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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
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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”
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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
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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
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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
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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 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 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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