ADA (Americans with Disabilities Act)

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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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In Lopez v. Hollisco Owners’ Corp., No. 14-CV-3738, 2015 WL 7748358 (E.D.N.Y. Nov. 30, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) and the NYC Human Rights Law. In sum, the court held that an employer may “condition an employee’s return to…

Read More Hepatitis Disability Discrimination Claim Dismissed Under the ADA’s “Business Necessity” Exception
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In Davis v. New York City Dep’t of Educ., 804 F.3d 231 (2d Cir. 2015), the Second Circuit squarely rejected the argument that “the denial or reduction of a discretionary bonus is categorically insufficient to constitute an adverse employment action.” In this case, plaintiff (a substitute teacher) took a four-month leave of absence from work…

Read More Denial of “Discretionary” Bonus Can Still Be An “Adverse Employment Action”
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In Stevens v. Rite Aid Corp., No. 6:13-CV-783, 2015 WL 5602949 (N.D.N.Y. Sept. 23, 2015), a disability discrimination case, plaintiff – a pharmacist working for Rite Aid – alleged that defendant violated the Americans with Disabilities Act and the New York State Human Rights Law by discharging him because of his disability (trypanophobia), failing to provide him…

Read More Court Upholds Disability Discrimination Jury Verdict For for Needle-Fearing Pharmacist
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The Americans with Disabilities Act was signed into law on July 26, 1990. The ADA offers protections against disability discrimination in, for example, the workplace (Title I, V) and places of public accommodation (Title III). Title I of the ADA provides the following general rule: No covered entity shall discriminate against a qualified individual on the…

Read More Americans With Disabilities Act: 25 Years Later
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In Sobhi v. Sociedad Textil Lonia Corp., No. 13 CIV. 8073 AT MHD, 2014 WL 7474338 (S.D.N.Y. Dec. 30, 2014), the Southern District of New York held that plaintiff adequately alleged a “failure to accommodate” disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: Although Defendant initially granted Plaintiff eight weeks…

Read More Employer’s Firing Plaintiff During Recovery Plausibly Suggests Failure to Accommodate Under the Americans with Disabilities Act
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In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Read More Disability Discrimination Roadmap
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Many employment discrimination cases involve allegations by an employee (or former employee) that they have endured discriminatory treatment based on one or more of that person’s protected characteristics. But what you may not know is that there is another type of claim – referred to in the case law as “associational discrimination” – based on the…

Read More Your Sick Daughter or Your Job? Associational Discrimination Claims Survive Summary Judgment
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In Rodriguez v. City of New York, decided January 23, 2015, the Eastern District of New York held that plaintiff, a NYPD officer, sufficiently alleged a claim for disability discrimination under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff alleges that the…

Read More NYPD Officer Characterized as “Delusional” Plausibly Alleges Disability Discrimination Claims
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