ADA (Americans with Disabilities Act)

by

In Best v. Duane Reade, Inc. (2d Cir. 17-380 March 22, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s failure-to-accommodate, discrimination, and retaliation claims under the federal Americans with Disabilities Act. Here is the legal standard:[1]As usual, citations are omitted. ADA claims are analyzed under the burden-shifting framework established for discrimination claims:…

Read More Disability Discrimination Claims Properly Dismissed Against Duane Reade
Share This:
by

In Anderson v. AlClear LLC, 18-cv-1525, 2018 WL 1318994 (EDNY March 14, 2018) (J. Cogan), the court dismissed plaintiff’s employment discrimination claims alleged under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Plaintiff, proceeding pro se, alleged (as summarized by the court) that management in the company was…

Read More Employment Discrimination Claims Insufficiently Alleged Against AlClear LLC
Share This:
by

In Dollinger v. New York State Insurance Fund, 2018 WL 832904 (2d Cir. Feb. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim under the Americans with Disabilities Act. From the Order: The District Court also correctly dismissed Dollinger’s ADA hostile-work-environment claim. We have not yet…

Read More ADA Hostile Work Environment Claim Properly Dismissed; Most of Alleged Harassment Related to Plaintiff’s Sexual Orientation
Share This:
by

In Reiter v. Maxi-Aids, Inc., 14-cv-3712, 2018 WL 557864 (E.D.N.Y. Jan. 19, 2018), the court, inter alia, upheld a jury’s determination that plaintiff was subject to “associational discrimination” under the Americans with Disabilities Act (ADA). In sum, defendant’s principal (Zaretsky) terminated plaintiff shortly after plaintiff advised Zaretsky about an issue concerning his daughter, Bailey, who…

Read More Father’s ADA Claim, Alleging Discrimination by Association With Suicidal Daughter, Jury Verdict Upheld
Share This:
by

In Murray v. Cerebral Palsy Associations of New York et al, 16-cv-662, 2018 WL 264112 (S.D.N.Y. Jan. 2, 2018), the court, inter alia, dismissed plaintiff’s claim that he was discriminated against based on his post-traumatic stress disorder (PTSD), in violation of the Americans with Disabilities Act (ADA).[1]The court also dismissed plaintiff’s hostile work environment and…

Read More PTSD-Disability Discrimination Claim Dismissed, Absent Evidence That Decisionmakers Knew of Plaintiff’s Condition
Share This:
by

In Carvalho v. Associated Brands Inc., No. 17-622-cv, 2017 WL 6616707 (2d Cir. Dec. 28, 2017) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s denial-of-promotion claim under the Americans with Disabilities Act (ADA). As to that claim, plaintiff argued that the defendant discriminated against him based on his anxiety disorder by denying…

Read More ADA Denial-of-Promotion Claim Properly Dismissed; Pretext Argument Was “Mere Speculation”
Share This:
by

A recent decision, Dudley v. New York City Housing Authority, 2017 WL 4315010 (S.D.N.Y. Sept. 25, 2017), reaffirms the principle that a hostile work environment claim must arise from hostility because of a protected characteristic. In this case, plaintiff alleged that he “was subjected to a hostile work environment in retaliation for his prior protected…

Read More Court Dismisses “Retaliatory Hostile Work Environment” Claims
Share This:
by

In Osby v. City of New York, 13-cv-8826, 2017 WL 4236563 (S.D.N.Y. Sept. 22, 2017), the court granted defendant’s motion under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, and dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act (ADA). To make out an ADA discrimination claim, plaintiff…

Read More ADA Disability Discrimination & Retaliation Claims Dismissed; Employer Actions Were Time-Barred, Not “Adverse Employment Actions”, or Were Not Undertaken Because of Discriminatory Animus
Share This:
by

If you are a victim of employment discrimination in New York City and are prepared to formally pursue a claim (i.e., proceed beyond pre-filing negotiations), there are several procedural options available to you. These include (but may not be limited to): State Court, Federal Court, U.S. Equal Employment Opportunity Commission (EEOC), New York State Division…

Read More Employment Discrimination: Filing Options
Share This:
by

In Sefovic v. Memorial Sloan Kettering Cancer Center, 2017 WL 3668845 (S.D.N.Y. Aug. 23, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s claims under, inter alia, the Americans with Disabilities Act (ADA). In sum, defendant terminated plaintiff after he failed to return to work following medical leave. Specifically: “The undisputed facts establish…

Read More Disability Discrimination Claims Dismissed, in Light of Plaintiff’s Inability to Work
Share This: