ADA (Americans with Disabilities Act)

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In Dooley v. JetBlue Airways Corp., 17-2899 (2d Cir. Sept. 25, 2018) (Summary Order) affirmed the district court’s summary judgment dismissal,[1]Dooley v. JetBlue Airways Corp., No. 14-CV-4432, 2017 WL 3738721 (S.D.N.Y. Aug. 29, 2017.) following discovery, of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). The court explained, inter alia: “Although Dooley disputes…

Read More Second Circuit Affirms Dismissal of Disability Discrimination Claim Against JetBlue
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In a recent decision, Wolfinger v. Consolidated Edison Company of New York, Inc., 17-cv-1710, 2018 WL 3637964 (E.D.N.Y. July 31, 2018), the court, inter alia, explained and clarified what, exactly, a plaintiff must allege to sufficiently plead a failure-to-accommodate claim under the Americans with Disabilities Act. The court explained: A plaintiff bringing a failure-to-accommodate claim…

Read More Court Clarifies “Failure to Accommodate Disability” Employment Discrimination Claim: Wolfinger v. ConEd
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In Agostini v. EmblemHealth, Inc. et al, 16-cv-7119, 2018 WL 3350324 (S.D.N.Y. July 9, 2018), the court held that plaintiff was entitled to pursue her claims in federal court, notwithstanding the existence of an arbitration provision in the Collective Bargaining Agreement (CBA) between her union and her employer. Here’s the law, as summarized by the…

Read More Statutory Discrimination Claims Held Not Subject to Arbitration Agreement
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Among the different types of discrimination prohibited by the Americans with Disabilities Act is so-called “associational discrimination.” Specifically, the ADA, inter alia, prohibits an employer from excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have…

Read More Court Explains 2d Circuit Standard for “Associational Discrimination” Under the ADA
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In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss, and held that plaintiff – who suffered from a stutter – stated a claim for a hostile work environment under the Americans with Disabilities Act (ADA). From the decision:…

Read More Plaintiff, Mocked For Stuttering, States Hostile Work Environment Claim Under the Americans with Disabilities Act
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In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act. The court summarized the law:[1]The court noted that the Second Circuit “has not yet decided whether a hostile work environment claim may be made under…

Read More Hostile Work Environment Claim Not Stated; Reference to Actress Held Insufficient
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In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29,  2018), the court (inter alia) concluded that plaintiff’s amended complaint sufficiently alleged a “materially adverse employment action” and that plaintiff stated a retaliation claim under the Americans with Disabilities Act (ADA). From the Opinion: Here, the amended complaint alleges that, on June…

Read More ADA Retaliation Claim Survives Dismissal Against Delta Airlines
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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
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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
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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
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