Failure to Accommodate Disability

by

In Epstein v. County of Suffolk & Suffolk County Community College, No. 14-CV-0937, 2016 WL 4257349 (E.D.N.Y. Aug. 11, 2016), the court dismissed plaintiff’s claims for, e.g., age discrimination, disability discrimination (failure to provide reasonable accommodation), and hostile work environment. In this post I’ll discuss the court’s evaluation of plaintiff’s failure-to-accommodate-disability and hostile work environment claims.…

Read More Professor’s Hostile Work Environment & Sleep-Related Disability Discrimination Claims Dismissed as Insufficiently Pled
Share This:
by

In Domenech v. New York City Employees’ Ret. Sys., No. 15CV2521ILGPK, 2016 WL 2644892, at *5 (E.D.N.Y. May 9, 2016), the court held that plaintiff failed to salt are a disability discrimination claim. From the decision: The plaintiff alleges that the transfer from one unit to another caused her to develop severe anxiety. She asserts that…

Read More Job-Related Stress Failed to Give Rise to Disability Discrimination Claim
Share This:
by

In Francis v. Wyckoff Heights Med. Ctr., No. 13-cv-2813, 2016 WL 1273235 (E.D.N.Y. Mar. 30, 2016), the court cited and applied the principles that “regular attendance at work is an essential requirement of virtually all employment” and “[t]he [Americans with Disabilities Act] does not require employers to tolerate chronic absenteeism even when attendance problems are caused…

Read More Court Rejects “Increased Sick Days” as a “Reasonable Accommodation”
Share This:
by

In Beaton v. Metro. Transp. Auth. New York City Transit, No. 15 CIV. 8056 (ER), 2016 WL 3387301 (S.D.N.Y. June 15, 2016), the court held that plaintiff – who suffered from schizophrenia – successfully pleaded discrimination (termination) and retaliation claims, but failed to sufficiently allege a failure-to-accommodate claim. Plaintiff’s allegations, in sum: Plaintiff alleges that…

Read More Schizophrenic Plaintiff Fired for Sleeping on the Job Plausibly Alleges Disability Discrimination and Retaliation, But Not Failure-to-Accommodate, Claims
Share This:
by

In Tse v. New York University, No. 10-CV-7207 (DAB), 2016 WL 3281045 (S.D.N.Y. June 6, 2016), the court, per SDNY Judge Batts, held that plaintiff’s receipt of long-term disability and social security disability insurance benefits did not preclude her from receiving back pay or front pay as a matter of law, and that those benefits should…

Read More SDNY Holds That Lost Wages Were Not Precluded, and Should Not Be Offset, by Disability Benefits
Share This:
by

In Gomez v. New York City Police Dep’t, No. 15-CV-4036 (AJN), 2016 WL 3212108 (S.D.N.Y. June 7, 2016), the court dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the NYS and NYC Human Rights Laws. Election of Remedies Initially, the court held that plaintiff’s decision…

Read More Sexual Harassment (and Other) Claims Dismissed; Court Discusses and Applies Principles of Administrative Exhaustion, Election of Remedies, and Statute of Limitations
Share This:
by

In Vangas v. Montefiore Med. Ctr., No. 15-1514-CV, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit ruled for defendant on plaintiff’s claims that she was subjected to disability discrimination under the NYS and NYC Human Rights Laws, and that her COBRA notice was defective. In sum, plaintiff alleged that the defendant terminated…

Read More 2nd Circuit Considers NYSHRL Reasonable Accomodation Disability Discrimination; NYCHRL Applicability; COBRA Notice Requirements
Share This:
by

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a publication, titled “Employer-Provided Leave and the Americans with Disabilities Act“. A reasonable accommodation is, generally, “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” That can include making…

Read More EEOC Discusses Leave as a Reasonable Accommodation Under the Americans With Disabilities Act
Share This:
by

In Matter of Cruz v. Schriro, 2016 NY Slip Op 50363(U) (NY Sup Ct. NY Cty. March 24, 2016), the court held that the petitioner – a probationary NYC Dept. of Correction Correction Officer – sufficiently alleged that he suffered a “disability” under the NYC Human Rights Law and that the respondent failed to accommodate his disability.…

Read More Probationary Corrections Officer Sufficiently Alleges That Rikers Island-Related Hives and Allergic Reactions Constituted a “Disability” Under the NYC Human Rights Law
Share This:
by

In a recent decision in the case of Vale v. Great Neck Water Pollution Control District, 14-cv-4229 (E.D.N.Y. Jan. 8, 2016), a disability discrimination and retaliation case, the court denied the motion of a non-party – a person who had allegedly discriminated against other employees, but who never worked with or supervised plaintiff – to…

Read More Testimony of Non-Party Prior Employee (and Alleged Discrimination Victim) is Relevant in Disability Discrimination and Retaliation Case, Court Rules
Share This: