Failure to Accommodate Disability

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In Serdans v. New York Presbyterian Hospital, the Appellate Division, First Department permitted plaintiff’s claim that defendant failed to accommodate her disability to continue. Plaintiff, a registered nurse and nurse practitioner specializing in critical care, “suffers from a neurological disorder for which she was treated with deep brain stimulus (DBS) through electrodes permanently implanted in…

Read More Court Allows Failure to Accommodate Neurological Disability Claim to Continue
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A recent case, Cogle v. Bergstein (Supreme Court, New York County, decided Nov. 18, 2013) illustrates the pitfalls that exist when pleading defamation and discrimination claims in New York State courts. Plaintiff, a nurse, worked for the New York City Health and Hospital Corporation (HHC) at Bellevue Hospital.  She alleged that she was suspended based on defamatory…

Read More Court Dismisses Plaintiff’s Defamation and Failure-to-Accommodate Disability Discrimination Claims
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Here is plaintiff Ivana Hidalgo’s disability discrimination complaint, captioned Hidalgo v. B&B Hospitality Group LLC (SDNY 13-cv-6402 filed 9/12/13) against B&B Hospitality Group LLC and others. Plaintiff claims that defendants violated the Americans with Disabilities Act and the New York State Human Rights Law by failing to reasonably accommodate her disability – an inequality in the lengths of her…

Read More Disability Discrimination Suit by Uneven-Legged Plaintiff Against Mario Batali-Owned Company
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In Garrett v. City of New York, the New York Supreme Court (NY County) recently granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case illustrates the extent to which illness-related absences from work may constitute a “reasonable accommodation”. Plaintiff alleged that…

Read More Absences and Failure to File Notice of Claim Doom Disability Discrimination Suit Against City of New York
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In Romanello v. Intesa Sanpaolo, S.p.A., decided Oct. 10, 2013, the New York Court of Appeals (the state’s highest court) reinstated plaintiff’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) but held that plaintiff’s claim under the New York State Human Rights Law (NYSHRL) was properly dismissed. In doing so, it highlighted crucial…

Read More Plaintiff Suffering From Depression Adequately Stated Disability Discrimination Claim Under New York City Human Rights Law
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Punctuality is important, and many employers rightly take the position that excessive tardiness can be grounds for discipline, up to and including termination.  However, a recent Second Circuit case holds that arriving on time is not necessarily an “essential function” of the job under the Americans with Disabilities Act of 1990 (ADA). Specifically, McMillan v.…

Read More 2nd Circuit: Being On Time Is Not Necessarily an “Essential Function” Of Job
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