ADA (Americans with Disabilities Act)

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In Gomez v. New York City Police Dep’t, No. 15-CV-4036 (AJN), 2016 WL 3212108 (S.D.N.Y. June 7, 2016), the court dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the NYS and NYC Human Rights Laws. Election of Remedies Initially, the court held that plaintiff’s decision…

Read More Sexual Harassment (and Other) Claims Dismissed; Court Discusses and Applies Principles of Administrative Exhaustion, Election of Remedies, and Statute of Limitations
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The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a publication, titled “Employer-Provided Leave and the Americans with Disabilities Act“. A reasonable accommodation is, generally, “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” That can include making…

Read More EEOC Discusses Leave as a Reasonable Accommodation Under the Americans With Disabilities Act
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In a recently-filed Manhattan federal lawsuit, captioned Kantrowitz v. Procter & Gamble, SDNY 16cv02813, plaintiff alleges, among other things: [Plaintiff], a [Procter & Gamble] employee of two years in good standing who sold products geared to women at P&G’s Dolce and Gabbana [] makeup shop at Saks Fifth Avenue in Manhattan, was fired after she announced…

Read More Pregnancy Discrimination Lawsuit Against Procter & Gamble
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In Graziadio v. Culinary Institute of America et al, 15-888-cv (2nd Cir. March 17, 2016), the Second Circuit vacated a district court’s Order granting defendants summary judgment and dismissing plaintiff’s claims under the Family and Medical Leave Act (FMLA). Here are the facts, as summarized by the court: Plaintiff Cathleen Graziadio, an employee at the…

Read More FMLA Retaliation and Interference Claims Survive Summary Judgment; Case Continues Against HR Director as FMLA “Employer”; ADA “Associational Discrimination” Claim Properly Dismissed
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In Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act and the NYS Human Rights Law. As to plaintiff’s hostile work environment claim, the court explained: Statements…

Read More Court Declines to Extend Title VII to Cover Discrimination Based on Sexual Orientation
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The Southern District of New York’s recent decision in Eisner v. City of New York, 15-cv-1888, provides a good overview of how courts analyze discrimination claims under the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL). It also reaffirms the principle that, absent the critical element of causation, merely…

Read More Court Dismisses Attorney’s Disability Discrimination Claims
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In Locorriere v. NBTY, Inc., No. 13CV7277, 2016 WL 625618 (E.D.N.Y. Feb. 17, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of race/ethnicity and national origin discrimination, disability discrimination, hostile work environment, retaliation, and constructive discharge. Plaintiff, a female of Mexican national origin, worked for defendant as an inspector. She alleged,…

Read More Citing Lack of Remarks or Different Treatment, Court Dismisses Mexican Woman’s Discrimination Claims
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In Echeverri v. The New York City Dept. of Sanitation, No. 15 CIV. 80 (LGS), 2016 WL 427914 (S.D.N.Y. Feb. 3, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the Americans with Disabilities Act and the NYC Human Rights Law.. This opinion is instructive on, among other things,…

Read More Sanitation Worker’s Disability Discrimination Claim Survives Summary Judgment
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In Magnotti v. Crossroads Healthcare Mgmt., LLC, No. 14-CV-6679 ILG RML, 2015 WL 5173528 (E.D.N.Y. Sept. 3, 2015), the court held the plaintiff, a pharmacist, plausibly alleged a claim of retaliation under the Americans with Disabilities Act. It explained: In order to state a claim for retaliation, plaintiff must allege that (1) he engaged in an…

Read More Pharmacist’s Complaint of Reduction in Hours After Surgery Supports ADA Retaliation Claim
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In Dooley v. JetBlue Airways Corp., No. 15-1356-CV, 2015 WL 9261293 (2d Cir. Dec. 18, 2015), a Summary Order, the Second Circuit vacated the dismissal of plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). Initially, the court held, contrary to the district court, that plaintiff sufficiently alleged discrimination under the ADA.…

Read More Plaintiff Sufficiently Alleged Disability Discrimination Against JetBlue
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