ADA (Americans with Disabilities Act)

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In James v. Gurneys Inn Resort & Spa Ltd., No. 16-CV-6813(JS)(ARL), 2017 WL 1483528 (E.D.N.Y. Apr. 25, 2017), the court held that plaintiff’s complaint did not plausibly allege employment discrimination based on his gender, age, or disability. “The sine qua non of a gender-based [or age or disability-based] discriminatory action claim under Title VII [or the…

Read More Employment Discrimination Claims Dismissed; Complaint Did Not Allege Non-Preferential Treatment, Age- or Gender-Based Remarks, Etc.
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In Roy v. Buffalo Philharmonic Orchestra, 16-3064-cv (2d Cir. March 23, 2017) (Summary Order), the court affirmed the dismissal, on timeliness/failure-to-exhaust-remedies grounds, of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. From the Order: We conclude that the district court properly dismissed Roy’s complaint on the ground that…

Read More Discrimination Claims Properly Dismissed For Failure to Timely File EEOC Charge; Equitable Tolling Not Applied
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In Bien-Aime v. Equity Residential, No. 15-CV-1485 (VEC), 2017 WL 696695 (S.D.N.Y. Feb. 22, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s disability discrimination claims (under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), but denied…

Read More Manhattan Building Porter’s ADA Retaliation Claim Survives Summary Judgment; Disability Discrimination Claims Dismissed
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In Stevens v. Rite Aid Corp., No. 15-277(L), 2017 WL 1055566 (2d Cir. Mar. 21, 2017), the Second Circuit reversed a lower court decision in favor of the plaintiff on his wrongful termination and retaliation claims, and affirmed its dismissal of plaintiff’s failure-to-accommodate claim, under the Americans with Disabilities Act (ADA) and state law. Plaintiff, a pharmacist, suffers…

Read More 2d Circuit Rules Against Needle-Fearing Pharmacist on Disability Discrimination Claims
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In Paxton v. Fluor Enterprises, Inc., No. 15-cv-3737, 2017 WL 875856 (S.D.N.Y. Mar. 3, 2017) (J. Cote), the court granted defendant’s motion for summary judgment on plaintiff’s Americans with Disabilities Act and New York State Human Rights Law (NYSHRL) claims, as her medical condition – birth with a cleft lip and palate – was not…

Read More Disability (Cleft Lip and Palate) Discrimination Claims Dismissed; Retaliation Claims Survive Summary Judgment
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The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal,…

Read More Court Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII Race Discrimination Claim as Insufficiently Pled
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In Ciulla-Noto v. Xerox Corp., No. 16-CV-6362-FPG, 2017 WL 491688 (W.D.N.Y. Feb. 7, 2017), the court dismissed plaintiff’s retaliation claim under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. In sum, plaintiff filed an EEOC charge alleging disability and gender discrimination. About a year later, plaintiff was involved in an altercation with…

Read More Court Dismisses Retaliation Claim; Termination Closely Followed Plaintiff’s Involvement in Altercation at Work
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In Sheng v. M&TBank Corp., No. 14-4467-CV, 2017 WL 443641 (2d Cir. Feb. 2, 2017), a pregnancy discrimination case, the U.S. Court of Appeals for the Second Circuit held that the defendant/employer’s offer to reinstate the plaintiff/employee was conditioned on plaintiff dropping her lawsuit, and was therefore inadmissible under Federal Rule of Evidence 408. In…

Read More 2d Circuit: Reinstatement Offer Conditioned on Foregoing Pregnancy Discrimination Case Should Have Been Excluded; Defense Verdict Overturned
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In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to…

Read More Court Dismisses Age Discrimination Claims, Notwithstanding Age-Related Comments
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In Crean v. 125 West 76th St. Realty Corp., 15-cv-3814, 2017 WL 217948 (S.D.N.Y. Jan. 17, 2017), the court dismissed the employment discrimination claims of plaintiffs (a Manhattan co-op superintendent and his wife). Initially, the court dismissed the wife’s claim because there was no employer-employee relationship between her and the defendants. The law: It goes almost…

Read More Lack of Employer-Employee Relationship and Insufficient Number of Employees Lead Court to Dismiss Employment Discrimination Claims Against Manhattan Co-Op
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