Failure to Accommodate Disability

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In 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 Finds
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In 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
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In Hazelwood v. Highland Hospital, 17-4139 (2d Cir. March 1, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s (a deaf woman) claims of failure to accommodate and unlawful retaliation under the Americans with Disabilities Act (ADA). The court provides some guidance as to what qualifies as an ADA “reasonable accommodation”: A reasonable…

Read More 2d Circuit: Disability Accommodation (Effective, Though Not Preferred) Was ADA-Compliant
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In a recently-filed complaint – captioned Stover v. Amazon.com, LLC et al, 19-cv-00054 (E.D.Ky Feb. 15, 2019) – the plaintiff alleges that the defendants subjected him to discrimination based on his disability (Chron’s disease). Plaintiff claims, specifically, that defendants terminated him because of “time theft” due to “excessive bathroom breaks” – which, he contends, were…

Read More Disability Discrimination Lawsuit Against Amazon
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In Ferraro v. New York City Department of Education, 2018 WL 5881663 (2d Cir. Nov. 9, 2018) (Summary Order), the court affirmed the district court’s dismissal of plaintiff’s claims of disability discrimination, retaliation, and hostile work environment pursuant to the Americans with Disabilities Act of 1990, New York State Human Rights Law, and the New York City…

Read More Employment Discrimination Claims Collaterally Estopped by Findings at 3020-a Hearing, Court Holds
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In A. Anonymous v. Mount Sinai Hospital, 2018 WL 4567945, 2018 NY Slip Op 06212 (N.Y.A.D. 1 Dept. Sept. 25, 2018), the Appellate Division, First Department unanimously affirmed the Supreme Court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim under the New York City Human Rights Law. Central to the court’s…

Read More Citing Lack of Knowledge of HIV, First Department Affirms Dismissal of Disability Discrimination Claim
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In a recent decision, Wolfinger v. Consolidated Edison Company of New York, Inc., 17-cv-1710, 2018 WL 3637964 (E.D.N.Y. July 31, 2018), the court, inter alia, explained and clarified what, exactly, a plaintiff must allege to sufficiently plead a failure-to-accommodate claim under the Americans with Disabilities Act. The court explained: A plaintiff bringing a failure-to-accommodate claim…

Read More Court Clarifies “Failure to Accommodate Disability” Employment Discrimination Claim: Wolfinger v. ConEd
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In a recently-filed lawsuit, captioned Jung v. Soho House, NY Sup Ct. NY Cty. Index No. 155882/2018 (filed June 22, 2018), plaintiff Hyun Jae Jung (known on Instagram as Miju Bijou) alleges, inter alia, that defendant Soho House’s “employees denied access of the Club to Plaintiff and her emotional support animal” – a French bulldog named…

Read More Lawsuit: Public Accommodation Discrimination Claim Against Soho House Following Support Dog-Based Ejection
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In Valentine v. Brain & Spine Surgeons of New York, P.C., 17-cv-2275, 2018 WL 1871175 (S.D.N.Y. April 16, 2018), the court denied in part defendants’ motion to dismiss plaintiff’s failure-to-accommodate claim under the Americans with Disabilities Act (ADA). Plaintiff alleged, in sum, that defendant violated the ADA by firing her several days after she returned…

Read More Failure to Accommodate Disability Claim Survives Dismissal [Valentine v. Brain & Spine Surgeons of New York, P.C.]
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