In Lester v. Mount Pleasant Cottage School Union Free School District, 2020 WL 3618969 (SDNY July 2, 2020) (J. Karas), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate-disability claim asserted under the Americans with Disabilities Act. Applying the law to the facts, the court explained: Plaintiff alleges that he qualified as disabled…
Read More ADA Failure to Accommodate Claim Survives DismissalIn Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, held that plaintiff did not sufficiently allege that he suffered from a “disability” (here, a mold allergy0 within the meaning of the Americans with Disabilities Act (ADA). From the decision: Here, the Court denies the Plaintiff…
Read More Disability (Mold Allergy) Insufficiently Alleged; ADA Amendment DeniedIn Gray v. Onondaga-Cortland-Madison BOCES, 2020 WL 1029022 (N.D.N.Y. March 3, 2020), the court, inter alia, dismissed plaintiff’s “failure to accommodate disability” claims under the Americans with Disabilities Act. Specifically, plaintiff claims that she was denied access to requested lunch breaks as an accommodation for her qualified disability so as to attend to the symptoms…
Read More Failure-to-Accommodate-Disability Claims DismissedIn Matter of New York State Unified Ct. Sys. v. New York State Div. of Human Rights, 2020 NY Slip Op 01252 (App. Div. 1st Dept. Feb. 20, 2020), the court upheld a finding of disability discrimination on behalf of a hearing-impaired court officer. From the decision: The Commissioner’s finding of discrimination is supported by…
Read More Court Upholds Finding of Disability Discrimination of Court OfficerIn Woolf v. Strada, 2020 WL 573386 (2d Cir. Feb. 6, 2020), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act of 1990, as amended. Specifically, the court addressed “whether Woolf’s inability to perform his particular job as a result of…
Read More Second Circuit Affirms Dismissal of Disability Discrimination ClaimIn Sivio v. Village Care Max, 18-cv-2408, 2020 WL 497513 (S.D.N.Y. January 31, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim. Initially, the court found that a reasonable jury could find that defendant improperly failed to accommodate plaintiff’s disability. It next turned to plaintiff’s disability discrimination claim,…
Read More Disability Discrimination Claim Survives Summary Judgment Against Village Care MaxIn Roberman v. Alamo Drafthouse Cinemas Holdings, LLC, No. 508293/2019, 2020 N.Y. Slip Op. 20013, 2020 WL 253372 (NY Sup Ct, Kings Cty. Jan. 13, 2020), the court held that plaintiff – a hearing-impaired individual – did not state a claim for disability discrimination under the New York City Human Rights Law. Plaintiff alleged, in…
Read More Public Accommodation Discrimination Lawsuit Against Movie Theater DismissedIn Woolf v. Bloomberg L.P., 16-cv-6953 (PKC), 2019 WL 1046656 (S.D.N.Y. Mar. 5, 2019), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). In this case, Plaintiff alleges (inter alia) that his employer violated the ADA by terminating him on the…
Read More Stress-Related Migraines Were Not a “Disability” Under the ADA, Court HoldsIn Catalano v. Fox Tel. Stas., Inc., 2019 NY Slip Op 04463 (App. Div. 1st Dept. June 6, 2019), the Appellate Division, First Department affirmed the lower court’s dismissal on summary judgment of plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case is instructive on the nature and…
Read More Employer Met Obligation to Have “Interactive Dialogue” Relating to Reasonably Accommodating Plaintiff’s Disability, Court FindsIn Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, denied defendant’s motion for dismissal on the pleadings (under FRCP 12(c)) of plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. The court summarized the law as follows: An employer is liable…
Read More Citing Factual Issues, Court Declines to Dismiss ADA Failure to Accommodate Claim on the Pleadings