Failure to Accommodate Disability

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In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Read More Disability Discrimination Roadmap
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In the case of Vale v. Great Neck Water Pollution Control District, decided January 20, 2015, the Eastern District of New York held that the plaintiff sufficiently alleged various claims – including discrimination, failure to accommodate, and retaliation – under the Americans with Disabilities Act (ADA). Plaintiff alleged that she was subjected to unfair treatment in…

Read More Plaintiff Sufficiently Alleges Employment Discrimination Based on Disability (Broken Wrist)
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Here is the employment discrimination complaint, filed 12/29/14 in the NY County Supreme Court, against Reem Bridals LLC et al. In it, plaintiff alleges disability discrimination under the New York City Human Rights Law. She alleges that defendant fired her shortly learning of her diagnosis with and hospitalization for a liver tumors, failed to accommodate her…

Read More Liver Tumor Disability Discrimination Lawsuit
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In Cullen v. Verizon Communications, No. 14-CV-464S, 2014 WL 6627494 (W.D.N.Y. Nov. 21, 2014), the Western District of New York dismissed, under Fed. R. Civ. P. 12(b)(6), plaintiff’s complaint alleging disability discrimination under the Americans with Disabilities Act of 1990 (as amended) (ADA) and the New York State Human Rights Law. Here are the facts,…

Read More Recent Court Decision is Instructive as to the Circumstances Under Which Alcoholism Constitutes a “Disability” Under the Anti-Discrimination Statutes
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The sudden and tragic suicide of Robin Williams has reinvigorated a national discussion about depression and related conditions. What you may not know is that depression sufferers have legal protections in the workplace, specifically if they are treated unfairly because of their medical condition. Various laws – including the Americans with Disabilities Act of 1990…

Read More Depression as a “Disability” Under the Anti-Discrimination Laws
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Goonan v. Federal Reserve Bank of New York, decided July 22, 2014, illustrates an employer’s obligation to reasonably accommodate employees with known disabilities and to engage in an “interactive process” to determine what accommodation(s) are appropriate. Plaintiff, who worked for the Federal Reserve Bank of New York for 25 years, suffers from Post-Traumatic Stress Disorder…

Read More 9/11-Related PTSD Disability Discrimination Case Continues
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In Petrone v. Hampton Bays Union Free School District (Summary Order dated May 28, 2014), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim. This case illustrates that, in order to succeed on a federal disability discrimination claim – whether based on an “adverse action” or “failure to accommodate” theory – an employee must identify an…

Read More Teacher With Mental Illness Loses Disability Discrimination Case, Where Requested Accommodation (Unpaid Leave) Was Not “Reasonable” Absent Assurance of Return
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In Graham v. Women in Need, Inc., 13-cv-07063 (May 30, 2014), the Southern District of New York denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act. The Facts Here are the facts, as alleged by plaintiff: Plaintiff is a former employee of WIN, a not-for-profit corporation organized…

Read More Stroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities Act
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In Jacobsen v. New York City Health and Hospitals Corp., 2014 N.Y. Slip Op 2098, the New York Court of Appeals recently held that summary judgment should not have been granted on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. The court held that “both statutes generally preclude summary judgment…

Read More NY Court of Appeals Holds That Issues of Fact as to “Reasonable Accommodation” Preclude Summary Judgment on Disability Discrimination Claims
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