ADA (Americans with Disabilities Act)

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In Hall v. New York City Department of Education, 23-cv-10385 (JGK), 2024 WL 4979288 (S.D.N.Y. Dec. 3, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s “associational discrimination” claim asserted under the Americans with Disabilities Act. From the decision: The plaintiff also claims that the defendant discriminated against her based on her association…

Read More ADA Associational Discrimination Claim Sufficiently Alleged; Allegations Include Retraction of Job Offer Following Advocacy For Disabled Daughter
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In Hall v. New York City Department of Education, 23-cv-10385 (JGK), 2024 WL 4979288 (S.D.N.Y. Dec. 3, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-hire claim asserted under the Americans with Disabilities Act (ADA). From the decision: The plaintiff asserts that the defendant retracted her job offer and failed to hire…

Read More Legally Blind Plaintiff Sufficiently Alleges Failure-to-Hire Claim Under the ADA, Court Rules
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In Frey v. Northern Soy, Inc. et al, Case # 23-CV-6198-FPG, 2024 WL 4373767 (W.D.N.Y. Oct. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims. From the decision: Title VII, NYSHRL, and ADA Retaliation Claims Plaintiff alleges that her termination was retaliation for her complaints about sex and disability discrimination,…

Read More Retaliation Claims Sufficiently Alleged; Termination Closely Followed Complaints of Sex and Disability Discrimination
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In Wright v. City of New York et al, 23 Civ. 3149 (KPF), 2024 WL 3952722 (S.D.N.Y. August 27, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Retaliation Claims, Arising From Conduct Following Return to In-Person Work, Sufficiently Alleged
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In Mitchell v. Planned Parenthood of Greater New York, Inc. et al, Case No. 1:23-cv-01932 (JLR), 2024 WL 3849192 (S.D.N.Y. August 16, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). The court…

Read More Title VII and ADA Retaliation Claims Survive Against Planned Parenthood
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
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In Mercer v. ViacomCBS/Paramount, 22 Civ. 6322 (LGS), 2024 WL 3553133 (S.D.N.Y. July 26, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act or Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies…

Read More ADA Retaliation Claim Dismissed as Not Exhausted at the EEOC
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In Tohidi v. City of Reading Police Department, No. 5:24-cv-0591, 2024 WL 3015514 (E.D.Pa. June 13, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). From the decision: The City asserts that Counts I and V (disability discrimination) should be dismissed…

Read More Disability Discrimination Claim Asserted by Plaintiff With Tourette’s Syndrome, Survives Dismissal
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In Sharikov v. Philips Medical Systems MR, Inc., Docket No. 23-407-cv, 2024 WL 2820927 (2d Cir. June 4, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s claim of disability discrimination asserted under the Americans With Disabilities Act (ADA). In sum, in this case the plaintiff alleges…

Read More 2d Circuit Affirms Dismissal of COVID-19 Related ADA “Regarded As” Disabled Claim
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In Defranco v. New York Power Authority, 20-CV-1861-LJV, 2024 WL 1621533 (W.D.N.Y. April 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability (hearing impairment) based hostile work environment asserted under the Americans with Disabilities Act and the New York State Human Rights Law. From the decision: This Court finds that the…

Read More Hearing Impairment-Based Hostile Work Environment Claim Survives Dismissal
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